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Over the course of four hours, the Katy Trail Ice House Outpost in Plano served Benjamin Crosby and Joe Grams the equivalent of 43 alcoholic drinks, a lawsuit filed in Dallas district court on Thursday claims.
Robert and Cheryl Crosby, Benjamin Crosby’s parents, say that the ice house did this even though the pair obviously was drunk.
Section 2.02 of the Texas Alcoholic Beverage Code says that an establishment serving alcohol can be held liable when it serves someone who is “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
After last call, the Crosbys say Grams gave his keys to their son, who left the bar with Grams’ car while Gram was settling his tab. He sped up the Dallas North Tollway, ran a red light and collided with a westbound 18 wheeler on Highway 380. Crosby was killed. His blood-alcohol level was 0.27, more than three times the legal limit.
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Robert and Cheryl Crosby are suing Grams for letting their son drive and Katy Trail Ice House for continuing to serve the duo and for allowing their son to leave the bar’s parking lot behind the wheel. They are seeking more than $1 million in damages.
As of this Thursday afternoon, neither Katy Trail Ice House Outpost nor Grams had been served with the lawsuit. Buddy Cramer, a lawyer for the Outpost, declined to comment.
