Dallas County Wrongful Death Dram Shop Settles for $2 Million

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.