Mexican Grill in Texas Loses $5.5 Million Lawsuit for Over-serving

A man from Andrews, Texas, was awarded $5.5 Million after claiming that the La Fogata Mexican Grill was negligent in overserving him alcohol which he claims caused him to get into a fight with another patron, which resulted in a severe head injury, according to Chron.com.

On May 21, 2019, Daniel Rawls was drinking heavily at the Andrews restaurant and got into an altercation with another customer, who had also been drinking heavily, in the parking lot on their way out.

What Happened

Rawls claims that La Fogata’s owner, Lourdes Galindo, and an unnamed bartender are responsible for the injury. Rawls has accused them of allowing the two men to drink excessively and leave the restaurant together. According to the suit, the restaurant is also accused of negligence by not calling an ambulance after Rawls was injured.

The unknown bartender claims that they were not trained adequately to be able to tell when a customer is intoxicated and cut them off.

However, according to the Chron.com, “Rawls allegedly has a history of excessive drinking. Andrews jail records show he was arrested twice, in February 2019 and May of this year, on charges of public intoxication.”

Regardless, The Andrews County 109th District Court ruled in Rawls’ favor in a default judgment. This means the owner of La Fogata did not respond to the suit or attend the hearing. Therefore awarding Rawls $5.5 million. La Fogata has 30 days to file a notice of appeal if they intend to seek a new trial, according to the Texas Rules of Appellate Procedure.

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