Default judgment sought in dram shop suit against Tequila Rok

By David Yates | Nov 30, 2015

A motion for default judgment was recently filed in a suit brought by the ex-wife of a man alleging a bar over served him the night he was killed in a car crash.

On April 3, 2014, Tanya Votava, as next of friend of minor child Camryn Morales and Chelsea Nix, both children of the late Joe Ignacio Morales, filed suit against Fonco LLC, doing business as Tequila Rok, in Jefferson County District Court.

Court records show that on Oct. 31, 2014, Votava filed a motion to compel discovery, asserting Fonco has “wholly failed and refused to answer interrogatories and respond to requests for production.”

On Nov. 7, Judge Gary Sanderson, 60th District Court, granted the motion, ordering Fonco to comply with Votava’s discovery requests.

However, Fonco has declined to respond to the order, according to the motion for default judgment, filed on Nov. 11.

The motion also states that the defendant was served with an amended petition on May 14 but has not responded within the allotted time.

According to the original petition, Joe Morales continued to be served alcohol at Tequila Rok, a former bar in the Crockett Street Entertainment District in downtown Beaumont, on Oct. 18, 2013, after it was apparent he was already intoxicated.

He then drove a vehicle and was involved in a vehicle collision, which caused his death.

The suit alleges violations of the Texas Alcohol and Beverage Code, vicarious liability and gross negligence.

Votava is seeking damages that include survival damages, exemplary damages, actual damages, pre and post-judgment interest, court costs and any other general relief the court sees fit.

Attorney Alton C. Todd of the Law Firm of Alton C. Todd of Friendswood is representing her.

Jefferson County District Court Case No. B195-560

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