DECATUR, Ala. (WHNT) — The family of Chloe Hastings, a 17-year-old girl who was tragically killed in a fiery car crash in Decatur, is taking legal action.
On Tuesday, the family filed a wrongful death lawsuit against Kevin Penich, the man charged with DUI and murder in the crash, and the establishments that they believe served him alcohol that night.
Wrongful death lawsuit filed against man charged with murder in Beltline Road crash, Decatur businesses
According to Decatur Police, the crash happened on May 17 at the intersection of Beltline Road and Westmead Street.
News 19 spoke with the attorney representing the Hastings family in the lawsuit. Attorney Hunter Garnett said the goal is to ensure no other family has to go through what the Hastings family has gone through.
“The goal in this case is to make sure that there’s not another Chloe Hastings,” Garnett said. “That there are no more teenagers killed, due to the reckless conduct of drunk drivers, due to being overserved at a bar.”
“We believe that the evidence will show that Kevin Penich was intoxicated when he went into these establishments or became intoxicated as a result of being served alcohol,” Garnett said.
Wrongful death lawsuit filed against man charged with murder in Beltline Road crash, Decatur businesses
The lawsuit claims Penich was served alcohol at three Decatur restaurants located off of Beltline Road: Buffalo Wild Wings, Logan’s Roadhouse, and Alfonso’s Pizza.
“Our goal is to hold anybody that contributed to the harm responsible,” Garnett told News 19. “These are large establishments that should know better than to serve somebody to the point of being this level of intoxicated.”
The lawsuit cites the Alabama Dram Shop Act:
“The wife, child, parent, or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person, who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained as well as exemplary damages.”
It essentially claims that a person who is injured by someone who is intoxicated has the right to take action against the person who caused the person to be intoxicated.
The lawsuit also cites a section of the Alabama Alcoholic Beverage Control Board Rules and Regulations that reads, “no licensee or employee of a licensee shall serve or dispense alcoholic beverages to any person visibly intoxicated.”
Garnett told News 19 that it is the responsibility of a person serving alcohol to do so responsibly.
“If you’re a bartender, if you’re a waitress, if you’re anybody that serves alcohol, I want to stress that it’s your job to make sure that when you have a patron that you don’t overserve them,” Garnett said.
He said that the family is seeking punitive damages in the lawsuit.
He also explained that the wrongful death lawsuit will likely take a back seat while the criminal case against Kevin Penich moves through the court system.
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