In Texas, Eddie and Pamela McPayne, the parents of Eddie ‘Justin’ McPayne have filed a wrongful death lawsuit against the owners of the bar, Hoot County Saloon, where their son was drinking just before he died in an alcohol-related car accident. Twenty-three-year-old (23) Eddie McPayne was one of two men who died in the one-vehicle accident in which the vehicle drove into a ditch, hit two poles and then went airborne. Bill Gonzales, the second victim in the accident, was ejected from the vehicle and was found by his Father hours after Police left the scene of the accident. According to the autopsy report, done by the Harris County Medical Examiner’s Office, both of the men were legally impaired. The lawsuit alleges the bar provided the men with enough alcohol that caused them to go from “fine when they got there, to drunk.” The lawsuit further alleges the bar was negligent, and did not provide the men with assistance even though they were both obviously impaired and an obvious danger to themselves and to others. The bar responded to the accusations by saying it “requires each of its employees to attend a training program approved by the Texas Alcoholic Beverage Commission.”
According to Arizona Revised Statute § 4-311 “A licensee is liable for property damage and personal injuries or is liable to a person who may bring an action for wrongful death pursuant to section 12-612, or both, if a court or jury finds all of the following: (1) The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age without requesting identification containing proof of age or with knowledge that the person was under the legal drinking age. (2) The purchaser consumed the spirituous liquor sold by the licensee. (3) The consumption of spirituous liquor was a proximate cause of the injury, death or property damage.” This law is known as the “Dram Shop” law and is designed to protect the public by holding people who serve alcohol accountable if a person dies as a result of their actions.
If someone you love has been killed in an alcohol-related automobile accident, contact the wrongful death attorneys at the wrongful death law firm Oracle Law Group