Family of man killed in drunk driving accident sues North Texas bar for over-serving him

PLANO -- One year has passed since Benjamin Crosby died on Highway 380 and the Dallas North Tollway in an alcohol-fueled crash, but his family say some of those responsible still haven't answered for their role in the night's events.

According to court documents, on July 18, 2013, Ben Crosby and a friend, Joe Grams, were celebrating a job promotion at Katy Trail Ice House Outpost in Plano. By early next morning, Ben had crashed his friend's vehicle and died.According to the documents, Crosby ran a red light and collided with an 18-wheeler westbound on Highway 380.

Crosby's parents point to "callous conduct" on behalf of the Outpost workers who served him drinks and the friend who gave him the car keys. Both have now been served with lawsuits.

"Ben takes a degree of responsibility for the fact that he was the one that got behind the wheel, but if you look at the series of events, it was all set in motion by this bar, who has a responsibility to train their employees and follow the law," said Crosby's attorney, James Holmes.

The lawsuit claims Crosby and Grams were served 43 alcoholic drinks in less than four hours. Thirty-two drinks were listed out in a TABC investigation, but some of those drinks had double servings.

The TABC investigation revealed all the drinks on collected receipts. There were multiple servings of vodka, beer, and Jagerbombs.

"You cant serve that many drinks to two young men of any age without them obviously being impaired," Holmes said.

The TABC investigation also revealed an employee for the restaurant and bar stated that the two men had not purchased drinks for anyone else while she was on shift.

The lawsuit says Crosby's alcohol level was "in excess of 0.27," more than three times the legal limit.

TABC investigators found that the Outpost had over-served on that night, and levied a 55-day ban against it. According to a representative, the establishment had a choice to take the ban or pay a fine of $300 per day for the 55 days, totaling $16,500. The Outpost decided to pay the fine.

"They're devastated, they're heartbroken, they're upset, and they're angry," Holmes said.

The family is seeking more than $1 million in damages.



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