and you have an accident or get into a fight,
can you sue the bartender and the owner of the restaurant that served you? well it seems you can, Daniel
Rawls claims that after drinking at the La Fogata restaurant, in Andrews, on
May 21, 2019, he and another patron, Robert Henrickson, got into an altercation
in the parking lot of the restaurant. As a result, Rawls suffered head injuries
that his lawyer claimed could have been avoided if the restaurant hadn’t
continued serving alcohol to both men, who were visibly inebriated. In the
complaint, La Fogata’s owner and bartender were accused of allowing the two men
to drink excessively and leave the restaurant together, as well as not calling
an ambulance after Rawls was injured,
the lawsuit
accused both Lourdes Galindo, the owner of La Fogata, and a
yet-to-be-identified bartender of negligence for failing to detect when patrons
had had too much to drink. Furthermore, the lawsuit accuses Galindo of failing
to ensure that the restaurant parking lot didn’t include obstacles “that would
pose a tripping or falling hazard to intoxicated patrons.” This resulted in
Rawls sustaining a “serious and debilitating” head injury after being assaulted
by Henrickson in an “uneven parking lot”, Rawls filed
the civil suit in May of this year, and on July 27 he was awarded a total of
$5.5 million for five claims, including premises liability, negligence, and
damages arising from foreseeable criminal conduct. The court ruled in a default
judgment, which means the owner of La Fogata did not respond to the lawsuit or
even attend the hearing. The judge did not rule on whether Rawls claims were
true, according
to the Texas Rules of Appellate Procedure, the owner of La Fogata has 30
days to file a notice of appeal if they intend to seek a new trial, for the full story have a look here, if this is upheld I can imagine there will be a few more cases like this, $5.5 million, crickey!
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