Texas man wins $5.5 million in lawsuit claiming restaurant overserved him alcohol

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Texas man wins $5.5 million in lawsuit claiming restaurant overserved him alcohol

Source: https://www.thedrinksbusiness.com/

By Eloise Feilden

August 16, 2021

Daniel Rawls, from Andrews, Texas, has won an alcohol-related lawsuit against La Fogata Mexican Grill on claims that overdrinking caused an altercation with another customer.

Judge holding gavel: Texas man wins $5.5 million in lawsuit claiming restaurant overserved him alcohol

Andrews County 109th District Court awarded Rawls $5.5 million in a hearing on 27 July, according to the Houston Chronicle.

In an incident which took place in May 2019, Rawls alleges that the bar's negligence in overserving him alcohol later caused him to be injured in an altercation with another customer.

The lawsuit was made up of five claims, including premises liability and negligence and damages arising from foreseeable criminal conduct.

Robert Henrickson is named as the other customer involved in the altercation. Rawls claimed to have sustained a "serious and debilitating" head injury after being assaulted by Henrickson, according to the Houston Chronicle.

La Fogata, owner Lourdes Galindo and an unnamed bartender are cited in the lawsuit as responsible for the injury, having over-served alcohol to both men and allowed them to leave the bar together.

Andrews County 109th District Court ruled in favour of Rawls in a default judgement, after the restaurant owner failed to respond to the suit or attend the hearing. The court did not rule on whether or not the claims were true.

According to the Texas Rules of Appellate Procedure, La Fogata has 30 days to appeal the ruling if they intend to seek a new trial.

Rawls allegedly has a history of excessive drinking, according to the Houston Chronicle. Local jail records show he was arrested in February 2019 and May 2021 on charges of public intoxication.

[RPM 26322]

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fake news

[Hanrahan 1306]

Hard to lose a lawsuit when the other side doesn't show up to defend itself.  

[AUS-97HORN 11781]

27 minutes ago, Hanrahan said:

Hard to lose a lawsuit when the other side doesn't show up to defend itself.  

yeah...

its a nice flashy number, but I have read more than a few examples in the last few months where these summary judgements have come up over the last year or so where the opposing side never showed and it turns out that due to legitimate complications of covid, the other party was never properly summoned.  

Either through pure fraud (process server lying) or covid bureaucratic nonsense (sending the certified letter to a former address without response.... and never confirming the other party even signed for the certified letter).

Steve Lehto likes to talk about those kind of examples on his channel.

 

 

[HornsOverIthaca 2333]

I wonder how serious and debilitating the head injury was.

[Pig Bellmont 8719]

Default judgments aren’t news and the amount could be set aside or non-collectible for a myriad of reasons.
 

And now the insurance company will claim the insured never gave notice of the claim in a timely fashion and won’t pay a dime, citing a breach of the insurance agreement. Cool headline tho