Lawsuit blames Galveston bar for fatal 2012 auto accident

John Suayan, Galveston Bureau Feb. 22, 2013, 11:49am

GALVESTON – A fatal one-vehicle accident in Galveston late last year has resulted in a lawsuit. 

The family of the late Marco Antonio Garza blames Island Images Inc., doing business as Lucky Lounge, for the November 2012 incident in court papers filed Feb. 13 in Galveston County District Court.

The suit shows the decedent visited the establishment on Galveston's West End during the evening of Nov. 5, 2012.

According to the original petition, the bar served Garza an "excessive" number of alcoholic beverages "even though it was apparent... [he] was obviously intoxicated to the extent that he presented a clear danger to himself and others."

His estate asserts the defendant allowed the decedent to leave its premises in his purportedly drunken state without calling the police or a taxi at approximately 4:14 a.m. the next morning.

Already in his 2000 Jeep Wrangler, Garza left the parking lot.

"Thereafter, due to his grossly intoxicated state, Marco Antonio Garza attempted to make a proper right turn, lost control of his vehicle and was ejected from his vehicle and the vehicle then drove over Marco Antonio Garza," the suit states.

"As a result of Marco Antonio Garza's imprudent driving, a direct and proximate result of his severe intoxication, Marco Antonio Garza died."

A jury trial is requested.

Attorney Carlos Garza with Martin, Garza & Fisher LLP in Galveston is representing the plaintiffs.

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 13-CV-227

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