Texas Verdicts

Plaintiff(s):

A.G. , 

Alyssa Guzman , 

Robert Guzman , 

Sylvia Guzman , 

Michele Guzman , 

Samuel Guzman Jr. , 

Estate of Samuel Guzman (Male, 41 Years)

Plaintiff Attorney(s):

E. Michael Grossman;
Grossman Law Offices, PC;
Dallas,
TX,
for
A.G., Alyssa Guzman, Robert Guzman, Sylvia Guzman, Michele Guzman, Samuel Guzman Jr., Estate of Samuel Guzman ■ Keith C. Purdue;
Grossman Law Offices, PC;
Dallas,
TX,
for
A.G., Alyssa Guzman, Robert Guzman, Sylvia Guzman, Michele Guzman, Samuel Guzman Jr., Estate of Samuel Guzman

Defendant(s):

Melissa Hale, 

Michael Sanders, 

Manouchehr Alavi, 

Restaurant & Bar Arthurs Inc.

Defense Attorney(s):

Michael C. Lawrence;
Gallerson & Yates;
Irving,
TX,
for
Melissa Hale, Michael Sanders, Manouchehr Alavi, Restaurant & Bar Arthurs Inc.

Insurer(s):

Liberty Mutual Insurance Co. for Restaurant & Bar Arthurs

On Nov. 24, 2016, at about midnight, plaintiff’s decedent Samuel Guzman, 41, an electrician, was driving with his daughter, plaintiff Alyssa Guzman, 19, heading east on the George Bush Turnpike in Garland when they ran out of gas. He pulled onto the right shoulder and parked, straddling the shoulder and grassy area. At approximately 1 a.m., Guzman and Alyssa returned to the stranded vehicle. While they were re-fueling the vehicle, a vehicle driven by Paul Thurber struck him. Guzman died shortly after the collision. Thurber was arrested and charged with driving under the influence of alcohol. He had been drinking that night at Arthur’s Prime Steaks and Seafood in Addison where the bartenders working that night were Melissa Hale, Manouchehr Alavi and Michael Sanders. Michele Guzman, individually and on behalf of her husband’s estate; and their children Alyssa Guzman, Samuel Guzman Jr., and A.G., a minor; and his parents, Robert and Sylvia Guzman, sued Restaurant & Bar Arthurs Inc., operating as Arthur’s Prime Steaks and Seafood; Hale; Alavi; and Sanders for dram shop that resulted in his wrongful death. Alyssa also asserted a bystander claim because she witnessed the serious bodily injury and death of her father. The Guzman family alleged that Thurber was served 14 alcoholic beverages during a six-hour period at Arthur’s prior to the fatal accident. The family claimed that it was apparent to Arthur’s employees that Thurber was obviously intoxicated to the extent that he presented a clear danger to himself and others. Plaintiffs’ counsel maintained that Thurber’s intoxication was a proximate cause of the fatal collision. The family alleged that because Arthur’s managers, bar managers, bartenders, waiters and/or waitresses, were acting within the course and scope of their employment, the company is vicariously liable for the actions and omissions under the common law and/or provisions of the Dram Shop Act. The defendants denied the allegations, and argued that Thurber was never obviously intoxicated to the extent that he presented a clear danger to himself and others. The defense argued that some of the alcoholic beverages sold to Thurber were provided to other patrons that evening.

Guzman died shortly after the accident. He leaves a wife and three children. Michele sought to recover damages for her own pain and suffering, and loss of society resulting from the death of her husband. Samuel Jr. and A.G. sought to recover damages for their own pain and suffering and loss of society. Robert and Silvia sought to recover damages for their loss of society as a result of the death of their son. Alyssa sought to recover damages for the loss of society, and her own pain and suffering as a result of having to observe the injury and death of her father, and his pain and suffering. The defense did not actively dispute the issue of the Estate’s damages.

After taking depositions of the employees and Thurber’s wife of Thurber, the estate made a policy limits demand. The case was settled for $2 million.

This report is based on information that was provided by plaintiffs’ and defense counsel.