Michael Grayson, 22, is charged with three counts of intoxication assault and one count of intoxicated manslaughter after crashing into a horse-drawn carriage.
GALVESTON - A fatal collision between a car and a horse-drawn carriage in Galveston last month has resulted in a lawsuit.
The family of Bobby McKelvey is suing Yaga's Entertainment Inc., Yaga's Cafe, Tsunami Exotic Tequila Emporium and Galveston local Michael Shane Grayson Jr. over the accident on July 21 which killed the 57-year-old McKelvey and injured three others.
According to the suit filed Aug. 1 in Galveston County District Court, McKelvey and his wife were riding in the carriage to the Hotel Galvez as part of a birthday celebration.
Defendant Grayson, 21, was allegedly finished with a night of drinking at Yaga's and Tsunami with a friend when he drove his 2006 Infinity G35 through 21st Street and Avenue L and "struck and destroyed" the carriage carrying the McKelveys.
The wreck injured the couple, another carriage passenger and the ride's operator. McKelvey died the next day, the suit states.
McKelvey's spouse remains hospitalized as of the filing of the suit.
The original petition blames Grayson for "being drunk and otherwise chemically impaired as he raced through the streets and neighborhoods of Galveston" prior to the collision.
Yaga's and Tsunami are faulted for serving Grayson.
The Galveston Daily News reported that Grayson, 22, of Conroe, was charged with three counts of intoxication assault and one count of intoxicated manslaughter. He was taken to the Galveston County Jail on $250,000 bond.
McKelvey's estate seeks at least $100,000 in damages and a jury trial.
S. Scott West with The West Law Firm in Sugar Land is representing McKelvey's estate.
Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.
Case No. 12-cv-1748