Plaintiff’s Lawyers Will Inspect Tiger Woods’ Restaurant
Nicholas Immesberger was an employee of Tiger Woods’ restaurant. On his way home from work, he got into a car accident and died. His blood alcohol concentration was way over the legal limit. His parents filed a lawsuit against Woods’ and his restaurant claiming that they overserved the 24-year-old after his shift. Florida’s “dram shop” laws are quite restrictive. Bars, restaurants, and liquor stores are mostly immune from liability when one of their customers causes an accident. This is especially true when the only person involved in the accident was the drunk driver.
However, Immesberger’s parents filed a wrongful death lawsuit against Woods’ restaurant claiming that the bartenders who served him alcohol knew that he was an alcoholic. This is one of the few conditions that allow a “dram shop” lawsuit to go forward. Nonetheless, it may be hard to win.
Plaintiff’s Lawyers Will Inspect the Restaurant
Part of the problem for Woods’ and company is that video footage of that day seemingly came up missing after it was reported that Immesberger got into a fatal accident. The plaintiff’s attorneys hope to see the inside of the restaurant to determine what footage should have been caught on camera. Immesberger reportedly spent 3 hours after his shift drinking with coworkers. He later got into his car and died in a one-vehicle accident.
His parents claim that the staff knew that Immesberger was in recovery for alcoholism. They also knew that Immesberger’s only way home was by vehicle. They further allege that Woods’ girlfriend and general manager of the restaurant, Erica Herman, “cultivated a culture of drinking” and encouraged employees to drink at the bar after their shift. Immesberger’s BAC was estimated at .256 at the time of his death. That is more than three times the legal limit. Immesberger was going nearly three times the legal limit when he died.
Originally, both Tiger Woods and Herman were named in the lawsuit as individually liable for Immesberger’s death, but their names were dropped from the lawsuit later on. The company for which Immesberger worked, Woods’ restaurant, would be liable for his death if a jury comes back with a judgment in favor of the plaintiff.
Ultimately, there are two hurdles for the plaintiffs to overcome. Firstly, it was Immesberger’s own negligence that resulted in his death, at least it will appear that way until a plaintiff’s attorney convinces the jury otherwise. Second, these types of lawsuits are very difficult to win and are only allowed to move forward when the victim is a minor or the staff had reason to believe that the victim was an alcoholic. Ultimately, it is this allegation that will make or break Immesberger’s case against Woods’ restaurant. But it’s hard to prove what people knew.
Talk to a Tampa Personal Injury Attorney
If you’ve lost a loved one due to the negligence of another person, you are entitled to file a wrongful death lawsuit against the negligent party and hold them accountable for their carelessness. Call the Tampa personal injury attorneys at the Matassini Law Firm today to schedule a free consultation and learn more about how we can help.