Dallas County Wrongful Death Dram Shop Settles for $2 Million
A man died after his car ran out of gas and he pulled over to the side of the road. While he was refueling his vehicle, another driver struck him. The deceased man's family sued the establishment where the other driver had been drinking, alleging they overserved him alcohol, leading to the fatal collision. The family also claimed emotional distress from witnessing the incident.
Case Information Updated: October 2025
About Wrongful Death Injuries
Wrongful death claims arise when a car accident fatality is caused by another party's negligence. These cases compensate surviving family members for their losses and the decedent's pain and suffering.
Case Outcome
- Outcome
- Settlement
- Amount
- $2,000,000
- County
- Dallas County, TX
- Resolved
- 2018
Injury & Accident Details
- Injury Type
- Wrongful Death
- Accident Type
- Other
- Case Type
- Emotional Distress, Death
Settlement Context
This settlement of $2,000,000 is near the median of $2,000,000 for wrongful death cases resolved by settlement. The typical range is $504,000 to $5,000,000, based on 20 cases in our database.
Case Overview
On November 24, 2016, a motorist was fatally struck after running out of gas on the George Bush Turnpike in Garland, Texas. The decedent, an electrician, had pulled onto the shoulder with his daughter. While they were refueling their vehicle around 1 a.m., an intoxicated driver collided with him. The decedent died shortly after the collision. The driver was subsequently arrested and charged with driving under the influence of alcohol, having reportedly consumed alcohol earlier that night at a restaurant in Addison.
The decedent's wife, children, and parents filed a wrongful death and dram shop lawsuit against the restaurant, its operating company, and three bartenders. The plaintiffs alleged that the driver was served 14 alcoholic beverages over a six-hour period and was obviously intoxicated, presenting a clear danger to himself and others. They claimed the restaurant's employees acted within the scope of their employment, making the company vicariously liable under the Dram Shop Act, and that the driver's intoxication was a proximate cause of the fatal collision. The decedent's daughter also asserted a bystander claim for witnessing her father's serious injury and death.
The defendants denied the allegations, arguing that the driver was never obviously intoxicated to the extent of presenting a clear danger and that some of the alcoholic beverages sold were consumed by other patrons. The case settled for $2 million. This settlement was reached after depositions of the restaurant's employees and the driver's wife, at which point the decedent's estate made a policy limits demand to the defendant's insurer.
Understanding This Case
- This case was resolved through a settlement, avoiding the uncertainty and expense of a trial. Settlements typically resolve faster and provide guaranteed compensation.
- This case was resolved in Dallas County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2018, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.
VerdictlyTM Score
This outcome aligns very well with similar cases
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