The Texas Alcoholic Beverage Code, Chapter 2 is clear: if a server or host business sells alcohol that causes the injury or death of another, they and the establishment that served the alcohol can be held liable. This type of claim is called a “dram shop law” and a fatal accident that occurred in February is about to utilize the law against a Texas restaurant chain in a $1 million dollar wrongful death suit.
In a story that appeared on the Chron.com website, surviving family members of a man who died in a motorcycle crash in February are alleging that the Bombshells restaurant located on Gulf Freeway near Fuqua Street over-served him. His intoxication is ultimately what led to a fatal crash along the Gulf Freeway.
On February 17th Marvin Drake III had been at the Bombshells restaurant staff member listed in the case only as Jane Doe. Doe continued to serve him alcohol even though he was already visibly intoxicated.
Drake left the restaurant and got on his Suzuki Hayabusa motorcycle. Investigators say that Drake was reported to have ridden at speeds that reached approximately 150 mph. Drake’s motorcycle rear-ended a Chevrolet HHR which was also traveling southbound, causing him to lose control and crash into a concrete median, ejecting him from his motorcycle.
The driver of the Chevrolet was uninjured and stayed at the scene and was questioned by police then released without charge.
The plaintiffs in the case are alleging that in continuing to serve Drake the server and the Bombshells establishment violated Texas Dram Shop laws and led to the fatal crash.
The plaintiffs are seeking over $1 million dollars in damages.