Plaintiff seeks to protect insurance records in Dram Shop suit

David Yates Jul. 26, 2012, 10:00am


A plaintiff who filed a Dram Shop suit is asking a Beaumont judge to quash USAA Insurance's request for his insurance and medical records.

In February, the Southeast Texas Record reported that several area residents filed a petition to take depositions, believing a local business illegally sold alcohol to minors who later died in an automobile collision.

Court records show that the petition was re-filed as a lawsuit on March 16, with Jack Smith and Dawn Fluts as plaintiffs and Triangle Marketing and its representative Hussain Ali Habib as defendants.

On July 23, Smith filed a motion to quash, seeking a protective order against USAA's request for his insurance and medical records, court papers say.

Smith contends his records have no bearing on the case and are irrelevant.

According to the original petition, on Sept. 17, 2011, The County Store allegedly sold minors a large quantity of alcohol, which was a proximate cause of their intoxication and the deadly car crash that followed.

In their suit, the plaintiffs allege the defendants illegally provided alcohol to the teens in violation of the law prohibiting the sale of alcohol to minors.

In addition to exemplary damages, the plaintiffs are suing for their pecuniary loss and mental anguish.

They are represented by Beaumont attorney Clay Dugas.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case Nos. B192-015

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