Jury Returns $6.56 Million Verdict Against Bar, Driver for Death of Pedestrian
2024年9月28日 - 12:21AM
ビジネスワイヤ(英語)
Decision confirms liability of establishments
for knowingly overserving customers
A San Angelo jury has returned a combined $6.56 million verdict
against a local bar and an intoxicated patron who struck and killed
a pedestrian.
Johnell Hornsby died on March 14, 2020, after being struck by a
car driven by Brian Keith Castillo, whose blood intoxication level
was measured at 0.198, almost 2.5 times the legal limit, when
tested more than three hours after the accident. According to court
testimony, Mr. Castillo had been drinking at Kimbo’s Saloon
throughout the evening, and the bar’s employees were aware of his
intoxication but did nothing to moderate his drinking or prevent
him from leaving the bar and driving.
The jury found Kimbo’s Saloon was 60% responsible for Mr.
Hornsby’s death, and ruled Mr. Castillo was 40% responsible. In its
decision, the jury awarded varying amounts of compensation to Mr.
Hornsby’s mother, Julieta Neira, and two minor children for past
and future mental anguish and loss of companionship.
“We hope this sends a signal to every bar and restaurant that
they can be liable for knowingly overserving a customer,” says
Lance Livingston, trial counsel on behalf of one of the children.
“We commend the jury for carefully assessing the evidence in the
case and providing a measure of justice for Mr. Hornsby’s family,”
added Mr. Livingston, partner in the Dallas firm of Dortch
Lindstrom Livingston.
Mr. Castillo pled guilty to a charge of intoxication
manslaughter earlier this year and received an eight-year
sentence.
The initial police report stated that a 2014 Dodge sedan driven
by Mr. Castillo was traveling northbound on North Oakes Street when
it crossed the center of the roadway into the southbound lanes and
hit a power pole, then struck Mr. Hornsby.
The case is Neira et al. v. Kimbo’s Saloon et al., No. D200111C
in the 391st District Court of Tom Green County.
About Dortch Lindstrom Livingston
Dortch Lindstrom Livingston Law Group represents a wide range of
corporate and professional entities in complex commercial
litigation and personal injury cases. Based in Texas, the firm
handles nationwide cases with a commitment to providing skillful
representation, zealous advocacy, and comprehensive solutions
tailored to each client’s needs. For more information, visit
https://dll-law.com.
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