© 2013 The Texas Lawbook.
By Mark Curriden
Senior Writer for The Texas Lawbook
A Dallas County jury has ordered the Spearmint Rhino Gentlemen’s Club and the drunken driver of a monster truck to pay $10.5 million to the family of a 23-year-old young woman who was killed when the truck driver crushed her in the parking lot of the topless bar two years ago. It is believed to be one of the largest Texas jury verdicts in a “dram shop” case during the past two decades.
An unanimous 12 person jury ruled Tuesday night that the Spearmint Rhino is 70 percent responsible for the death of Kasey McKenzie, who was leaving the adult strip club with friends from a party when a Ford F-250 driven by Eric Brent Crutchfield ran over the young woman.
After more than three hours of deliberations, the jury found that Crutchfield, who had illegally modified the truck to sit too high off the ground, was intoxicated and was 30 percent responsible for McKenzie’s death. Questioned by police immediately after the incident, Crutchfield said that he didn’t know he had run over someone.
Tests presented to the jury during the two-week trial showed that Crutchfield, who pleaded guilty last year to manslaughter and is serving a three-year prison sentence, had blood-alcohol levels that were double the legal limits to drive.
Dallas plaintiff’s attorney Michael Schmidt, who represents the McKenzie family, argued that Spearmint Rhino is mostly responsible for the tragedy because its bartenders, waitresses and managers kept supplying Crutchfield with alcohol long after they knew he was drunk.
“Using eyewitness testimony and security camera footage, we were able to establish that Mr. Crutchfield was served at least 10 alcoholic drinks in a four-hour period,” Schmidt says. “This was in addition to the testimony of responding officers, and led the jury to conclude that Mr. Crutchfield was obviously intoxicated while at the Spearmint Rhino Gentlemen’s Club. The jury also heard direct testimony from a bartender who testified that she was told directly by Mr. Crutchfield that he would be driving that night when he left the club.”
The jury, which heard 19 witnesses, awarded $5.5 million to Gary McKenzie and Karen McDonald for the mental anguish they have suffered and will continue to suffer as a result of the death of their daughter. The jury also gave the pair $3.5 million in lost companionship. The jury also gave $11,125 to cover funeral costs.
Under Texas law, the dram shop doctrine allows victims of injury to sue bars, clubs and restaurants that serve booze to customers that they know or should know are obviously drunk.
“This verdict sends the clear message that Dallas juries are going to hold businesses responsible for putting drunk drivers on our roadways where they endanger all of us,” says Schmidt. “Kasey’s family doesn’t want this type of senseless tragedy to happen to another young person, and we hope the verdict serves as a solemn reminder for bars and restaurants that they are responsible for ensuring that they don’t get customers drunk and then put them behind the wheel.”
Schmidt says this is the largest jury verdict in his legal career as lead counsel in a case. He was assisted in the case by C.L. “Mike” Schmidt and James Holmes of The Schmidt Law Firm, as well as Dallas lawyer Amanda Schwartz.
Dallas litigators John Barr and John House of Burton Barr are representing Spearmint Rhino, but said they would not have any comment about the verdict until they’ve had time to review the judgment and consider their legal options. Legal experts say they expect the defense lawyers will ask state District Judge Martin Lowy to set aside the verdict and ask for a new trial.
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