Irving, Texas Jury Awards $24 Million in Fatal Dram Shop Crash

In December 2012, a football player, who was a recent addition to a professional team's practice squad, sustained fatal injuries in a high-speed car accident in Irving, Texas. The incident occurred shortly after midnight when the player left Beamers Private Club, a Dallas nightclub, as a passenger in a sedan driven by his roommate, who was also a professional football player. Minutes later, the driver-defendant lost control of the vehicle on State Highway 114, causing it to roll over and catch fire. A blood test revealed the driver-defendant's blood alcohol concentration was 0.189, more than twice the legal limit. He was later sentenced to six months in jail and 10 years' probation for driving while intoxicated.

The decedent's mother, acting individually and as administrator of his estate, filed a lawsuit against the club and its manager, alleging negligent service of alcohol to the driver-defendant. The suit also named the driver-defendant, claiming he was negligent in operating his vehicle. Other entities initially named in the lawsuit were later dismissed, and the decedent's father's consolidated claims were nonsuited. The club and its manager had filed for bankruptcy after the lawsuit began, and they were uninsured.

During the trial, the plaintiffs' counsel argued that the club-defendants' staff failed to follow written policies regarding alcohol service and allowed the driver-defendant to serve himself bottles of alcohol, leading to overconsumption. Cell phone videos allegedly showed the driver-defendant drinking from a bottle, and a toxicology expert opined that he would have needed 17 drinks to reach his blood alcohol concentration. The plaintiffs' counsel suggested the jury assign 85 percent responsibility to the club-defendants and 15 percent to the driver-defendant. In response, the club-defendants denied the driver-defendant was visibly intoxicated and contended that most of his alcohol consumption occurred before arriving at the club. They argued that if the driver-defendant was visibly intoxicated, the decedent was negligent for entering the vehicle with him and for not wearing a seat belt. The club-defendants' counsel suggested a different apportionment of fault, placing 95 percent responsibility on the driver-defendant and 5 percent on the decedent. The driver-defendant testified he did not drink before the club and disputed drinking from a bottle at the club.

After a six-day trial and five hours of deliberation, the jury returned a verdict for the plaintiffs, finding comparative negligence. The jury assigned 48 percent responsibility to the club and its manager, 48 percent to the driver-defendant, and 4 percent to the decedent. The jury did not find gross negligence. Total damages were awarded at $25,000,000, which was reduced to $24,000,000 due to the decedent's comparative responsibility.