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.
News / Crime
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...
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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