Many states have what are called “dram shop laws” which allow someone to sue an establishment for serving a person alcohol who then goes out and gets into an accident. Florida is no exception. Under Florida laws, the victims of an accident or the family members of a victim may sue an establishment for serving a person who is under 21 or serves a person who is known to be addicted to alcohol. While it is easy enough to prove serving an underage patron, proving that a bartender or establishment knew a patron was “habitually addicted” is much more difficult.
The East Bay Times reports on a family that is suing Tiger Woods for encouraging a bartender to drink before the bartender was in a fatal DUI accident.
The family of 24-year-old Nicholas Immesburger is suing Tiger Woods, his girlfriend, and his restaurant company. The lawsuit alleges that they should have prevented Immesburger from getting behind the wheel after drinking.
Immesburger died on December 10th when he crashed his Corvette after working his shift at The Woods Jupiter. The lawsuit alleges that Immesburger finished his shift at about 5 p.m. and then sat at the bar drinking.
Immesburger was then killed in a single-car vehicle about 6 p.m. approximately 20 miles away from the restaurant. At the time of the collision, Immesburger had a BAC of 0.256% and was speeding at 70 m.p.h. in a 55-m.p.h. zone.
The suit goes on to allege that both employees and management knew that Immesburger was an alcoholic who was seeking treatment by attending A.A. meetings. The lawsuit also alleges that just days before the accident both Woods and Herman were drinking with the victim.
According to the lawsuit, the restaurant promoted its employees drinking. The attorney for the plaintiffs cited Woods’ own problems with alcohol and substance abuse in the lawsuit.
The wrongful-death suit is for an unspecified amount of damages.
