Tiger Woods and girlfriend Erica Herman, who happens to be the general manager of Woods’ Florida restaurant, The Woods Jupiter face a wrongful death lawsuit that was filed by the parents of a 24-year-old bartender of his Jupiter establishment.
Employee Nicholas Immesberger had an estimated BAC (blood alcohol concentration) of .256. That is more than three times the legal limit when he died after his 1999 Chevrolet Corvette went off of the road and crashed into a utility trailer. The lawsuit filed in Palm Beach County on Monday alleges Immesberger was over-served for about three hours after his shift that ended at 3 P.M. at The Woods concluded. The fatal crash occurred on December, 10th 2018.
Spencer T. Kuvin, the family’s attorney along with Craig Goldenfarb, told reporters at a news conference that Tiger Woods was not at the restaurant at the same time of Immesberger on December 10th.
Should They Have Known
The lawsuit alleges that Woods “individually participated in the serving of alcohol,” typical language in such lawsuits. Woods could potentially be held liable under Florida law even if he wasn’t physically at the venue if a foreseeable risk of injury or death occurs due to over-serving somebody with a known history of alcohol abuse issues.
Now, Immesberger had a history of alcohol abuse, and the lawsuit alleges “Tiger knew or reasonably should have known, that Immesberger was habitually addicted to the use of any or all alcoholic beverages, and/or was a habitual drunkard.” Woods could be held liable as an owner of the establishment.
His family said his coworkers knew he had a severe drinking problem. The suit claims employees of The Woods knew Immesberger had crashed a different car leaving work one month before his death, and that they were also aware he had attended Alcoholics Anonymous meetings.
“The employees and management at The Woods had direct knowledge that Immesberger had a habitual problem with alcohol,” the lawsuit read. “In fact, employees and managers knew that Immesberger had attended Alcoholic Anonymous meetings prior to the night of his crash and was attempting to treat his disease. Despite this, the employees and management at The Woods continued to serve Immesberger alcohol while he was working as well as after work, while he sat at the bar.”
Attorneys Craig Goldenfarb and Spencer Kuvin also have announced that they have evidence showing that The Woods management destroyed three hours’ worth of video from servers at the restaurant. The footage allegedly shows Immesberger drinking at the bar before leaving work.
“One of the most significant issues we have here is the destruction of evidence. Obviously it shows that somebody knew something had gone wrong and they wanted to get rid of that evidence. We have evidence to show that that videotape, showing Nick at the bar that night after he got off at 3 p.m., drinking for three hours at the bar, was destroyed shortly after the crash had occurred.”
This is a case worth paying attention to. This is a common situation that goes on in many bars and restaurants that serve alcohol. This holds true for patrons, not just employees of the establishments. We at the Law Offices of Morgan McGrath handle wrongful death cases just like this one that Tiger is going through. You can consult with us in your time of need right here by clicking the link below on the “Attorney McGrath”
Attorney McGrath located in West Palm Beach, Florida, and covering the entire Palm Beach County area, does not only handle wrongful death lawsuits. Her office also practices and handles cases including: personal injury, wills & trusts, and even criminal law. If you are in the Palm Beach area or anywhere in South Florida for that matter, and you need legal services in any of the following areas that were previously mentioned, you should contact the office of Attorney Morgan McGrath today. They have people standing by to set up a free in-office consultation to discuss your case.