Motorcycle Accident Victims Allowed To Proceed With Claim Against Texas Company
19 November 2012No Comments
According to a state appeals court ruling, a Texas couple involved in a motorcycle accident in May 2008 can proceed with their claim that the driver who caused the collision got drunk on a company fishing trip prior to the accident, in which each of the victims lost a leg. If you have suffered serious injuries in a Texas motorcycle accident, contact our qualified motorcycle accident lawyers at Bandas Law Firm today for legal help. Our law firm is located in Corpus Christi, and our attorneys have extensive experience protecting the legal rights of motorcycle accident victims, helping them pursue the compensation they are entitled to for their injuries, medical bills, and other accident-related losses.
Driver Found To Be Intoxicated At Time Of Accident
The drunken driver involved in the Texas motorcycle accident, David Huff, had been on a three-day fishing trip sponsored by Schlumberger Technology, when he crashed his car head-on into a motorcycle being ridden by Christopher and Denise Arthey on May 16, 2008. Although Huff did not smell of alcohol at the time of the collision, he registered a 0.25% blood alcohol content (BAC) three hours later, according to the police report. Another employee of Schlumberger Technology said he invited Huff on the fishing trip “basically to thank him for his business and hope to strengthen the business relationship.”
Appeals Court Rules In Favor Of Victims
After suffering injuries in the devastating motorcycle accident, the Artheys filed a lawsuit against Schlumberger, claiming that the company operated a “floating dram shop,” and shouldn’t have served alcohol to Huff. According to the toxicologist who testified in the case, Huff had consumed approximately 12 drinks, and the lack of alcohol odor at the scene of the accident meant he had consumed the drinks on the boat. After a Refugio County judge decided in favor of Schlumberger Technology Corp., the company that sponsored the fishing trip, in a suit filed by the victims, the Corpus Christi-based 13th District Texas Court of Appeals reversed the ruling earlier this month.
Schlumberger May Be Liable For Motorcycle Accident
“The summary judgment evidence established that Huff was drinking an unknown beverage from cans on the boat and was having trouble staying awake; that Huff was extremely intoxicated at the time he got off the boat; and that Schlumberger representatives, through their emails and invitations, encouraged alcohol consumption during the entire trip, including while fishing from boats,” wrote Justice Dori Contreras Garza for the court. “This evidence raised a genuine issue of material fact as to whether Schlumberger allowed a ‘party atmosphere’ to prevail during the entire fishing trip, whether Huff became intoxicated while on the boat, and whether Schlumberger operated a ‘floating dram shop’ that resulted in Huff’s intoxication.”
Our Motorcycle Accident Attorneys Can Help
While the parties involved in the case dispute whether alcohol was served or consumed on the boat, it is undisputed that Huff, who was returning home from the fishing trip at the time of the accident, was extremely intoxicated several hours after leaving the boat. As a result of the motorcycle accident, Huff was placed on community supervision and plead guilty to to the criminal offense of intoxication assault. If you have been injured in a motorcycle accident in Corpus Christi, or elsewhere in Texas, because of another person or party’s negligence, consult our knowledgeable motorcycle accident lawyers at Bandas Law Firm today. Our motorcycle accident attorneys can help you seek fair and timely reimbursement, and hold the allegedly negligent person or party liable for your injuries.