Alabama Restaurants Sued After DUI Crash Kills Teen

Why this matters: This case highlights the potential liability of establishments that over-serve alcohol to patrons who then cause harm to others. It also underscores the devastating consequences of drunk driving and the importance of responsible alcohol service.

The wrongful death lawsuit filed by the Hastings family brings attention to the Alabama Dram Shop Act and the responsibilities of businesses serving alcohol. The lawsuit claims that Buffalo Wild Wings, Logan’s Roadhouse, and Alfonso’s Pizza in Decatur negligently served Kevin Penich, leading to his intoxication and the subsequent fatal crash. According to court records and police testimony, Penich allegedly consumed 18 alcoholic drinks at these establishments before the accident.

The Alabama Alcoholic Beverage Control Board Rules and Regulations state that “no licensee or employee of a licensee shall serve or dispense alcoholic beverages to any person visibly intoxicated.” The lawsuit argues that the restaurants violated this rule, contributing directly to Hastings' death. The family's attorney, Hunter Garnett, emphasized the need for accountability, stating, “Our goal is to hold anybody that contributed to the harm responsible. These are large establishments that should know better than to serve somebody to the point of being this level of intoxicated.”

During a preliminary hearing, officers testified that Penich admitted to drinking and claimed a high tolerance for alcohol. Data from Penich's vehicle indicated he was driving at approximately 111 mph shortly before the crash. The severity of the crash and the alleged excessive speed underscore the grave consequences of impaired driving. The case is now bound over to a grand jury.

The Alabama Dram Shop Act allows individuals injured by an intoxicated person to take legal action against those who unlawfully provided alcohol to that person.

Alabama law prohibits serving alcohol to visibly intoxicated individuals. Establishments and their employees have a responsibility to ensure patrons are not over-served.

Punitive damages are monetary damages awarded to punish a defendant for particularly reckless or egregious behavior. The Hastings family is seeking punitive damages in this case.

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