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News / Crime

Alabama Restaurants Sued After DUI Crash Kills Teen

The family of Chloe Hastings, a 17-year-old girl tragically killed in a DUI crash in Decatur, Alabama, has filed a wrongful death lawsuit against Kevin Penich, the driver charged with DUI and murder, and three restaurants accused of over-se...

Attorney discusses wrongful death lawsuit that lists restaurants believed to have served driver in DUI crash
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Alabama Restaurants Sued After DUI Crash Kills Teen Image via Yahoo

Key Insights

  • Chloe Hastings, 17, was killed in a DUI crash on May 17 in Decatur, Alabama.
  • Kevin Penich, 35, is charged with murder and DUI in connection with the crash.
  • A wrongful death lawsuit has been filed against Penich and three restaurants: Buffalo Wild Wings, Logan’s Roadhouse, and Alfonso’s Pizza.
  • The lawsuit alleges that Penich was served a total of 18 alcoholic drinks at the three restaurants.
  • Police investigators testified that Penich admitted to drinking and had a high tolerance for alcohol.
  • Penich was reportedly driving at 111 mph at the time of impact; the speed limit on that section of Beltline Road is 45 mph.
  • The lawsuit cites the Alabama Dram Shop Act, which allows those injured by an intoxicated person to take action against those who unlawfully provided alcohol to that person.

In-Depth Analysis

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.

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FAQ

What is the Alabama Dram Shop Act?

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.

What is the legal responsibility of establishments serving alcohol in Alabama?

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

What are punitive damages?

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.

Takeaways

  • Establishments that serve alcohol can be held liable for damages caused by intoxicated patrons if they violate alcohol service laws.
  • Drunk driving has devastating consequences, and victims' families may pursue legal action against those responsible.
  • Responsible alcohol service is crucial to preventing drunk driving and protecting the community.

Discussion

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