Lawsuit claims strip club's policy at fault in teen's death

avatar for shadowcat
shadowcat
Atlanta suburb
Attorneys for the family of an 18-year-old killed by a drunk driver last year allege that a strip club's policy to sell as many drinks as possible led to her death.

Rick's Cabaret International Inc. in Houston is facing a lawsuit filed by the family of an Katherine "Emily" Mabel Jones, then a Caney Creek High School senior, who was killed last year by an intoxicated driver who had just left the club.

At the center of the suit, is a policy that requires its employees to pay a "house charge" to work at the club by gathering "credits" based on the number of drinks they sell. The policy encourages over-serving patrons, including those that are already intoxicated, according the lawsuit filed by the attorneys from the Lanier Law Firm.

"Emily will never be able to realize the beautiful life she had ahead of her because a strip club wanted to make more money regardless of the dangers," says Houston attorney Mark Lanier, counsel for the Jones family. "We're determined that those responsible for taking this young woman's life will be held accountable."

On March 30, 2011, authorities say Erasmo Ramirez hit her truck with his car from behind, dislodging the bed of the truck and crushing its cab. She died at the hospital several hours after the accident. Less than 30 minutes before the crash, Ramirez was thrown out of Rick's Cabaret. Investigators determined that his blood alcohol content was 0.295, more than three times the legal limit in Texas.

Investigators found that during the crash, he was driving about 130 miles per hour. He was charged of intoxication manslaughter and later sentenced to 15 years in prison.

The lawsuit also takes aim at Ramirez and Houston-based Trumps Inc., which the attorneys said maintains the club's alcoholic beverage permit.

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avatar for inno123
inno123
12 years ago
The policy is not the problem. It is no different than letting the waitresses get tips from customers for drink sales.

The problem is with the security. You can't just 'throw out' somebody who is intoxicated and then stand by while they get into the driver seat of a car. You've negligently created a dangerous situation. There is plenty of precedent on this.

Most clubs will either call a cab or drive the guy to the bus stop or whatever.
avatar for vincemichaels
vincemichaels
12 years ago
If this can be proven in court, Rick's should pay dearly. Most states have "Dram shop" laws. It is the bar's responsibility to recognize over served patrons and not contribute to their loss of control. I tended bar for many years, I watched my customers.
avatar for deogol
deogol
12 years ago
Yep, they are going to lose this one. Maybe not for the reason stated, but for contribution to the accident.

avatar for sinclair
sinclair
12 years ago
Maybe this will make Rick's and these other clubs cease the stupid "sell _# drinks" or pay a fee scheme.
avatar for thesamurai
thesamurai
12 years ago
I don't see this as any different than a normal bar over serving a patron.
The victim's family will sue the money. Rick's is the money. Welcome to America, the country of its always the richest guy's fault.
avatar for Dolfan
Dolfan
12 years ago
Although I don't particularly like it, I don't see the policy as the problem either. Places that sell alcohol profit from it & are incentive to sell it - arguing about appropriate techniques for doing so seems pointless. However, I do agree that places that profit from the sale/consumption of alcohol on the premises (Florida #COP) bear an obligation to recognize and take measures to prevent intoxicated patrons from driving. I'm not sure about Texas but here the courts have had the same opinion.

It'll be an interesting case to follow, it would be a shame if Ricks did throw out the patron in question for being overly intoxicated/unruly, watched him get in his car and drive away, and then got off clean because the jackass lawyer went after their questionable policy rather than their seemingly clear negligence. Then again, it would also be a shame if they put his drunk ass into a cab and he made his way back to pick up his car and still would up liable.
avatar for snowtime
snowtime
12 years ago
This club and their insurance company will pay dearly. I seriously doubt if it will go to trial. Based on what juries are awarding in less serious cases, a settlement seems inevitable. The policy of pushing drinks will undoubetly be a factor in determing liability. As well as their failure to allow the guy to drive in that condition. The fact that it was a "strip club" bar will also hurt. Although not fair, I think the general population has a built in bias against strip clubs and will seek greater damages. This being an 18 yr. old girl and the probability that the defendant has minimal insurance coverage, I would expect this award to be very large.
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