Galveston bar formally responds to wrongful death lawsuit

John Suayan, Galveston Bureau Apr. 11, 2013, 4:02pm

GALVESTON - The defendant in a recent lawsuit arising from a fatal 2012 auto accident in Galveston issued a formal rebuttal. 

Island Images Inc., doing business as Lucky Lounge, is being sued by the family of the late Marco Antonio Garza, who allege the bar contributed to his passing.

According to court papers filed Feb. 13, the bar served Garza an “excessive” number of alcoholic beverages the evening of Nov. 5, 2012, “even though it was apparent… [he] was obviously intoxicated to the extent that he presented a clear danger to himself and others.”

The original petition asserts that 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.

Garza was already in his 2000 Jeep Wrangler when he "attempted to make a proper right turn, lost control of his vehicle and was ejected from his vehicle and the vehicle then drove over" him, the suit says.

Island Images countered the claims in an original answer entered April 2, insisting the decedent "failed to observe and/or exercise ordinary care and prudence for his own safety and personal well-being."

It adds Garza's wreck was caused by factors for which the respondent is not responsible nor liable.

Attorney P. Dean Brinkley of Templeton & Brinkley in Beaumont is representing the bar.

Case No. 13-CV-227

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