Family sues bar, movie theater for over-serving wrong-way driver

OverservedTx

AUSTIN (KXAN) — A father and son are suing Alamo Drafthouse and Moontower Saloon accusing the establishments of serving too much alcohol to a woman who drove the wrong way on West Ben White Boulevard in June and crashed into them.

Austin police said at 1 a.m. on June 19, 22-year-old Victoria Garcia was driving eastbound in the westbound lanes of the freeway when she crashed into another car being driven by Robert and Benjamin Barton. Garcia died at the scene.

“While at Moontower Saloon, Victoria Garcia was sold, served, and/or provided alcoholic beverages, even though it was apparent that she was obviously intoxicated to the extent that she presented a clear danger to herself and to other persons,” states the lawsuit.

The court document alleges Garcia then drove to the Alamo Drafthouse on Slaughter Lane and was served more alcohol.

The Texas Alcoholic Beverage Commission stated it is looking into this investigation.

“At the request of the Austin Police department we’re doing what’s called a ‘source investigation’ into this incident.” Said Chris Porter, Public Information Officer for the TABC. “That means is we’re going to those bars looking at receipts, looking at security footage and interviewing employees to determine if those bars did in fact over serve the other people involved in the accident.”

A spokesperson with Alamo Drafthouse said, “We worked with the TABC to investigate the details of this unfortunate incident. Victoria Garcia was at the Alamo Drafthouse between the hours of approximately 5pm and 8pm and left our facility approximately five hours before the collision.”

The lawsuit states, “As a result of the catastrophic collision Victoria Garcia lost her life, Robert Barton and Benjamin Barton sustained serious and life threatening injuries.”

The father and son are seeking damages for medical care, physical pain and suffering, loss of earnings and mental anguish.

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