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The attorneys of Doyle Dennis Avery LLP have filed a dram shop suit against two Galveston, Texas bars for wrongfully serving two patrons and causing a deadly auto collision.  The suit was filed in Galveston County Court against Float Pool and Patio Bar and Flip Flops Beach Bar and Grill.

The suit was filed because of the wrongful conduct of JP Galveston Investment, LLC d/b/a Flip Flops Beach Bar and Grill (“Flip Flops”), including its servers and manager, and RPoint5/Float, LLC d/b/a Float Pool & Patio Bar (“Float”), including its server and manager, that caused a severe automobile collision on or about September 6, 2020 near the 100^th block of 51^st Street.

Just prior to the collision, Defendant Flip Flops, by and through its agents and employees, including those named above, and Defendant Float, by and through its agents and employees, including those named above, sold or served two patrons alcoholic beverages when it was apparent or should have been apparent to Flip Flops and Float, including by and through their servants, agents, and employees, that the driver was obviously intoxicated to the extent that she presented a danger to herself and others.  Moreover, Defendants Flip Flops and Float served alcohol to another patron when she was under age.  The driver’s intoxication, caused by the misconduct of Defendants Flip Flops and Float, caused the September 6, 2020 automobile collision.  As a result of the incident, Doyle Dennis Avery LLP’s client suffered serious injuries to her head, brain, neck, back, spine, spleen, ribs, hip, hearing, and body generally that have left her with severe physical impacts.

Defendants Float and Flip Flops each provide alcohol for profit to their patrons under a TABC permit and have, therefore, submitted themselves to the duties and obligations imposed by the Texas Alcoholic Beverage Code.  The driver unlawfully was served and consumed significant amounts of alcohol during the course of the evening by Defendants Float and Flip Flops, by and through each of servants, agents, and employees.  Float and Flip Flops, by and through its servants, agents, and employees, served alcohol to the driver when it was or should have been apparent to each of them that she was obviously intoxicated to the extent she presented a clear danger to herself and others.  At no time did any servant, agent, or employee of Defendants Float or Flip Flops attempt to cut-off serving alcohol to the driver or intervene in any manner.

As a result, the driver disregarded the rules of the road causing a severe automobile collision that caused Doyle Dennis Avery LLP’s client severe injuries.  The vehicle was travelling north bound on the 100^th block of 51^st Street, when the driver failed to yield the right of way, disregarded a stop sign, and entered an intersection when it was unsafe to do so, causing a collision with another vehicle.  This caused the vehicle to lose control, which then struck a tree and light poll, rolled, and struck a third vehicle.

The suit further alleges under dram shop liability laws that the individual servers and/or bartenders and/or management of Float and Flip Flops are not afforded any protection under the so-called safe harbor defense contained in TABC §106.14, and such defense is not applicable to individuals selling, serving or providing under the authority of a license or otherwise selling alcohol.  These individuals cannot assert any such defense as a matter of law.

At the time and on the occasion in question Defendant JP Galveston Investment, LLC was the owner and operator of Flip Flops Beach Bar & Grill, which is located at 731 Seawall Boulevard, Galveston, Texas 77550.  The employees involved in the incident that forms the basis of this case were working within the course and scope of their employment for Defendant JP Galveston Investment, LLC, who was the owner and operator of Flip Flops Beach Bar & Grill.  Defendant JP Galveston Investment, LLC is vicariously liable for the conduct of its agents, employees, and/or servants as well as for the Plaintiff’s injuries and damages under the doctrine of respondeat superior.  Defendant JP Galveston Investment, LLC is also jointly and severally liable and vicariously liable for the wrongdoing of its parent company, shareholders, officers, directors, affiliates, owners, agents, servants and employees under the principle of agency and/or respondeat superior.  Accordingly, all of the Cross-Claim/Counter-Claim Defendants are each jointly and severally liable to Doyle Dennis Avery LLP’s client.

Furthermore, the plaintiff’s petition affirmatively alleges that Defendant JP Galveston Investment, LLC, as the owner and operator of Flip Flops Beach Bar & Grill, violated the provisions of V.T.C.A. Alcoholic Beverage Code § 106.14, and is thus not entitled to the “safe harbor” defense offered therein.

Doyle Dennis Avery LLP is a nationally recognized team of trial lawyers, focused on holding negligent parties responsible in auto collisions involving drunk drivers, 18 wheelers, and negligent bars and restaurants.  If you or a loved one who suffered due to drunk driving or the negligent conduct of an 18-wheeler driver or bar, Doyle Dennis Avery LLP’s attorneys will complete a no-cost initial evaluation of your claim.  Call us.