© 2013 The Texas Lawbook.
By Natalie Posgate
Staff Writer for The Texas Lawbook
Austin’s Clive Bar and one of its customers are being sued by the mother of 30-year-old Courtney Griffin, who died in 2011 after a drunk driver hit her with her vehicle and left her to die on the side of the road.
Suzanne Kaplan of litigation firm Slack & Davis filed a lawsuit Monday in Travis County on behalf of her client, Laurie Griffin, who seeks more than $1 million in damages.
The petition includes four counts against the driver, Gabrielle Nestande, for negligence, gross negligence, negligence per se and negligent infliction of a bodily injury, as well as one count against Clive Bar for allegedly serving alcohol to Nestande even after she was noticeably intoxicated.
According to the complaint, Griffin was walking to her apartment on the early morning of May 27, 2011 after driving a friend home who had been drinking when Nestande hit her with her black BMW. Nestande hit Griffin on Exposition Boulevard – a road near a friend’s apartment that Nestande had left her car at while out at the bars.
The impact of the car caused Griffin to fly into a bush and land on a driveway, the petition says. It also says that Nestande did not stop to help or call 911, and that Griffin’s body was not discovered until after 5 a.m.
While at Clive Bar, Nestande had about five beers, a vodka soda drink and a three-ounce shot of liquor, according to the lawsuit, and when she left the bar she “stumbled across the street in front of several witnesses who described her as drunk and ‘sloppy.’ ”
“When Clive Bar provided the alcoholic beverage to Nestande, it was apparent to Clive Bar that Nestande was obviously intoxicated and presented a clear danger to herself and to others,” the lawsuit says.
Last month, Judge Karen Sage found Nestande guilty of criminally negligent homicide and sentenced her to 10 years’ probation and a $10,000 fine. Kaplan said Judge Sage will hold a pre-sentencing hearing on March 25 that could require Nestande to serve up to 180 days in jail.
According to Kaplan, Nestande, now 25, was a legislative aid to Rep. Wayne Christian in the Texas House of Representatives at the time she killed Griffin. Kaplan said she does not yet know who the legal team is for Nestande or Clive Bar.
“Laurie Griffin’s daughter would still be alive if Nestande and Clive Bar had acted responsibly,” Kaplan said. “We hope this lawsuit sends the message that Austin expects more from its citizens and businesses.”
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