A Dallas-area man is suing a Richardson bar after he was served alcohol for over eight hours and then drove home drunk, crashing into a dividing wall on North Central Expressway.
Gordon Savage is suing W.W. Fairfield’s for negligence. He’s seeking $1 million in damages.
According to the lawsuit, Savage started drinking around 6 p.m. on Dec. 19 at the bar on North Plano Road. Employees continued to serve him alcohol past 2 a.m., according to Savage’s attorney, Tom Carse.
Savage then attempted to drive home drunk. He crashed into a concrete dividing wall on Central around 3:10 a.m. He was taken to Texas Health Presbyterian Hospital, where he was treated for severe injuries, according to the suit.
Police never charged Savage with drunken driving.
Carse said servers are trained to make sure customers aren’t drinking too much. He said they know when and how to offer food and water, and when to cut someone off, if need be. None of that happened at W.W. Fairfield’s, according to Carse.
“You don’t go sit and drink for eight hours at a bar,” Carse said. “You don’t let a customer do that.”
Under Texas Dram Shop laws, bars and other drinking establishments can be held liable for injuries resulting from over-consumption of alcohol.
According to the Texas Alcoholic Beverage Code, if a bar continues to serve someone who is “obviously intoxicated,” the bar can be held partially liable.
It’s up to the jury to decide the bar’s proportion of responsibility for the injuries.
This article was originally published by the Dallas Morning News, June 25, 2016. All rights reserved.