Two Galveston County bars sued for serving man who died driving drunk

John Suayan, Galveston Bureau May 25, 2010, 8:58am

GALVESTON - The surviving relatives of a man who died in a one-car accident in western Galveston County last year have filed a $5 million lawsuit against two establishments they claim served him alcohol before his death.

Cheryl Simmons and Kali Phillips, the mother and daughter of the late Justin Carr, claim that Hugh and Jeff's Car Wash & Grill in League City and Heartbreakers Strip Club in Dickinson are responsible for Carr's fatal crash off FM 517 near Dickinson on May 26, 2009.

Their suit was filed May 14 in Galveston County District Court.

According to court papers, Carr went to Hugh & Jeff's in the early afternoon hours of May 25. He was reportedly sober at the time he entered the premises.

"After being served several alcoholic beverages and liquor shots, (Justin) Carr lost control of his mental and physical faculties," the suit says.

"(Justin) Carr was further sold, served, or provided alcoholic beverages when he was obviously intoxicated to the extent that (Justin) Carr presented a clear danger to himself and others."

The original complaint further explains that Carr left the business at 10:30 p.m. that night for Heartbreakers gentelemen's club where he continued to drink with a friend despite being intoxicated.

Carr departed the club after midnight, allegedly in the same drunken state.

Police reports state that he was traveling west on FM 517 when he crossed the eastbound lane of traffic, struck some trees and crashed through a barbed wire fence. He was killed instantly.

In addition to the specified $5 million in monetary damages, Carr's estate seeks a jury trial.

Attorney Michael G. Martinez of Friendswood is representing the plaintiffs.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-1304

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