HOUSTON — A group of patrons struck by an alleged intoxicated driver in the parking lot of a restaurant in Katy are claiming dramshop liability.
Adolfo DeLeon, Elvia Vega and Dora Heredia filed a complaint June 30 in Harris County District Court against Pinchy's Tacos Mason LLC alleging dramshop liability and other claims.
According to their complaint, the plaintiffs were gathered outside of the parking lot of the defendant's Pinchy's Tex-Mex restaurant in Katy on May 5, 2021. They allege that the defendant served alcohol to an underage patron who was drinking at the restaurant for several hours. The plaintiffs allege that the patron suddenly drove his car through the crowd gathered outside the restaurant parking lot and not only caused them severe bodily injuries but also killed another person who was in the crowd.
They claim the defendant knew or should have known that the patron was underage and intoxicated and that they continued to allow him to consume excessive amounts of alcohol. The plaintiffs allege the defendant violated the Texas Alcoholic Beverage Code by serving alcohol to the patron when it was obvious he presented a clear danger to himself and others. They further allege that as a result of their injuries, they suffered lost wages, physical impairment as well as medical, hospital and pharmaceutical expenses.
The plaintiffs seek monetary relief of more than $1 million, interest, trial by jury and all other just relief. They are represented by Ronald Lovett of The Lovett Law Firm in Katy and Joseph Terry and L. Lee Thweatt of Terry & Thweatt PC in Houston.
Harris County District Court case number 2022-39527