HOUSTON — Abraham, Watkins, Nichols, Agosto, Aziz & Stogner partner Brant J. Stogner and attorney Soroush Montazari filed a lawsuit on behalf of Dilma Dos Santos against CRU Lounge & Jason Cornelius Black on Feb. 7. The suit has now expanded to include 2.0 Bar & Grill, Gavanna Nightclub (also known as Club Z).
According to a press release, Dos Santos was a passenger in a vehicle that was struck by a drunk driver that was driving the wrong way on Spur 527. Dos Santos has been recently released from the hospital after undergoing multiple surgeries.
On Jan. 28, Dos Santos was a passenger in a vehicle driven by Rashad James driving northbound on 800 Southwest Freeway and Spur 527 in Houston. Jason Cornelius Black was driving his Ford-150 headed southbound in the northbound lanes of the Southwest Freeway. Black was operating his truck while intoxicated, driving the wrong way on the Southwest Freeway exit ramp; and caused a major head-on collision, the press release states.
While driving the wrong way, Black violently struck the vehicle that Dos Santos was a passenger in causing severe and disabling injuries to her.
Before the crash, on the evening of Jan. 27 through the early hours of Jan. 28, Black consumed alcohol at CRU Lounge, 2.0 Bar & Grill, and Gavanna Nightclub and was over-served by all three Defendants as the term is defined by the Dram Shop Act, the press release states.
The press release states Black was obviously intoxicated when he was served alcoholic beverages and by being over-served alcoholic beverages, Black presented a clear danger to himself and others. As a result of this incident and the severity of the impact, the passenger of Black’s vehicle, Diandra Bellamy, was killed in the collision. The Harris County District Attorney’s Office has charged Black with intoxication manslaughter.
A Harris County District Court Judge granted Plaintiff's request for Temporary Restraining Orders against all three bars to preserve important evidence.
“This tragic crash could have been avoided had these bars not overserved Mr. Black. Safety of your patrons and the general public should be a priority of any bar or nightclub; however, Mr. Black was so intoxicated to the point that he presented a clear danger to himself and others,” said Soroush Montazari, attorney for Dos Santos.
“This is yet another example of people being killed and catastrophically injured in a completely preventable accident. Mr. Black was overserved to the point that he was driving the wrong way on the highway," said firm partner, Brant J. Stogner, attorney for Dos Santos.
The lawsuit alleges negligence and gross negligence against the driver. The plaintiffs also allege Dram Shop violations against CRU Lounge, 2.0 Bar & Grill, and Gavanna Nightclub for overserving alcohol to Mr. Black before the crash. Ms. Dos Santos is seeking aggregate relief of over $1,000,000.00 for her injuries.