$7 MILLION LAWSUIT FOR DWI WRECK
The families of two teenagers killed in a violent car wreck with a drunk driver have filed a "Dram Shop" lawsuit against Buffalo Wild Wings in Wichita Falls, about 25 miles southeast of Electra. According to the Texas Department of Public Safety, the drunk driver, Michael Nason, of Electra, had a blood alcohol level of 0.27--more than 3 times the legal limit of 0.08--when he crashed into the teenagers' vehicle. Nason's passenger was injured.
Dram Shop cases are lawsuits against the alcohol provider based on that provider's negligence in serving more drinks to a person who is already drunk. These cases are complicated and they require an experienced attorney. Any person injured in a wreck with a drunk driver should immediately hire a personal injury lawyer to start gathering the important evidence to prove the case. Typically lawsuits are filed soon after the wreck occurs.
Texas Alcoholic Beverage Code s2.02(b) declares that providers of alcoholic beverages (e.g. restaurants, bars, retail stores, etc.) are liable for the negligence of a drunk driver who causes a wreck if the alcohol provider served or sold alcoholic beverages to a person who was "obviously intoxicated to the extent that he presented a clear danger to himself and others." The law also provides the alcholic beverage provider with defenses to completely avoid liablity in some cases, and a method of significantly reducing its liability in other cases.
It is alleged the restaurant's employees served Nason too many alcoholic beverages that night. The lawsuit further alleges the employees failed to have the proper Texas Alcoholic Beverage Commission training and current certification cards. The suit claims the company had an established policy encouraging employees to ignore guidelines for serving alcohol to intoxicated customers and then to allow them to drive home drunk.
Electra High School students Adreanna Norrid, 18, and Courtney Mengwasser, 16, were killed in the wreck on October 14, 2008. Their driver survived with critical injuries.
Jacqueline is from Venezuela. She was a passenger in a car that was hit by a drunk driver on September 19, 1999. Two other people in the vehicle were killed. Jacqueline was horribly burned. She endured the excruciatingly painful