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Flood Drunk Driving Verdict
Car Accidents

Largest Verdict Ever Awarded

In November 2017, after finishing her shift at Cici’s Pizza, Aujuni Tamay Anderson (16) was picked up from work by her grandmother, Tamra Kay Kindred (59). This should have been an ordinary occurrence that no one would ever have to think twice about.

It would have been if tragedy had not struck in the form of a drunk driver.

Joshua Delbosque (29) had been having drinks at a local sports bar, Beer Belly’s Sports Bar, and was clearly overserved. He drove drunk and killed Tamra Kay Kindred and Aujuni Tamay Anderson in a fatal crash.

Alcohol Impairment Led to Ignoring Traffic Signals Resulting in Three Fatalities

When Joshua left Beer Belly’s Sports Bar, he was intoxicated. The negligence of Beer Belly’s Sports Bar in overserving him despite his obvious intoxication ultimately led to him running a stoplight at over 90-miles-per-hour and hitting and killing the grandmother and granddaughter. Had the sports bar chosen not to serve alcoholic drinks past a responsible amount, Tamra and Aujuni would likely still be alive today.

Legal Action on Behalf of the Victims

The family of Kindred and Anderson brought a lawsuit against Beer Belly’s Sports Bar and its owner. They argued that the preventable drunk driving accident was the responsibility of the sports bar that overserved Delbosque. The wrongful death lawsuit claimed that the bartenders there allowed him to drink well past the level of intoxication.

Joshua Delbosque’s legal alcohol blood concentration (BAC) was 0.263, far more than Texas’ “legal” BAC limit of 0.08. Had the bar cut him off before he reached more than three times the legal limit of intoxication, Kindred and Anderson more than likely would have survived the night and gone on to live full and productive lives.

The Jury Decision

After hearing the case against Beer Belly’s Sports Bar, a jury awarded the family of Kindred and Anderson $301 billion. No personal injury award has ever been this large. Previously, the largest amount of compensation awarded was $150 billion in a case in 2011.

Mostly Symbolic Compensation

The jury’s award spoke volumes about drinking and driving, and the responsibility of establishments that serve alcohol have in preventing drunk driving accidents. This Texas jury took a stand against the bar that overserved Joshua Delbosque.

Beer Belly’s Sports Bar’s liquor license expired in September 2019 and was canceled. The bar is now out of business. The former owner of the bar does not have the funds to pay any portion of the historic jury award.

The award is unlikely ever to make it to the pockets of the two victims’ surviving family members. The bar owner has no way to pay them; but the symbolic victory serves as a warning and reminder to other establishments that serving an already drunk person has big consequences.

Alcohol Retailers Beware

A Texas Alcoholic Beverage Commission (TABC) spokesperson noted that the case demonstrates the consequences of continuing to serve a person who has had too much to drink. Alcohol retailers are legally responsible if they serve a customer who is obviously intoxicated.

By violating “dram shop” laws, and allowing people to be served more alcohol than the legal limit, the person and the general public are endangered. This kind of conduct can end tragically, as it did for Kindred and Anderson.

Drunk Driving Crashes Kill

We have all been warned about the dangers of drinking and driving. Each day, according to the U.S. Department of Transportation, around 28 people in the United States are killed in drunk driving accidents. It should be sobering to all of us that a person loses their life in a way that is 100 percent preventable every 52 minutes.

New Legislation to Help Prevent Deaths Like Aujuni and Tamra’s

Corpus Christi trial lawyer John Flood, in partnership with the family, is working to provide better protection for the people of Texas. The group has introduced legislation that would require food and beverage sellers to carry liability insurance so that if something similar happens, the business can afford to compensate victims and their families for their irresponsible decisions.

Beer Belly’s Sports Bar had no such insurance; therefore, the Kindred and Anderson families will likely remain empty-handed, despite the verdict in their favor. John Flood is working hard to ensure that other families are not left in a similar position.

The new legislation requires liability insurance in order to obtain a food and beverage permit, which is required to operate. It requires the following of business owners who serve alcohol on their premises:

  • To obtain a permit, a liability insurance policy must be current.
  • The insurance must be from a company that is authorized to write liability policies in the state of Texas.
  • The liability policy will cover those serving alcohol in the business and the business as a whole so that any damages that occur because of the overserving of alcohol by their establishment can be paid to the victims.

Minimum Requirements of Liability Insurance Under the Conditions of Aujuni’s Law

The liability insurance must meet the following minimum requirements:

  • There must be coverage of $500,000 for each person who is owed damages according to the policy.
  • $1,000,000 of coverage must be carried for each singular occurrence.

If passed, the law would become effective on September 1, 2023 and TABC would be required to adopt rules and implement such changes by December 31, 2023.

Texas Legislation Ensures More Precautions So Families Do Not Walk Away Empty Handed

Losing a family member is one of the most traumatic things a person can face. The contributions of those family members cannot be replaced. But, through the new legislation pursued by John Flood and the surviving loved ones of the victims in this historic case, in the future, other surviving family members will at least be entitled to monetary damages.

Hopefully, these new laws will make dram shops more cognizant of how much they are serving their patrons. Drunk driving accidents could be significantly curbed because of these legal changes.

Speak To An Attorney Today

If you or a family member has been injured or a loved one was killed in an accident due to a bar or restaurant’s irresponsible serving policies, you should speak to an attorney about your legal rights. Car accident attorney John Flood knows the law and how to ensure justice is served.