The lawsuit claims the bar was negligent in serving alcohol to Mays until he was obviously intoxicated.
“Although visibly and dangerously intoxicated, Christopher S. Mays was allowed to leave defendant Cutting Horse Bar and Grill,” the petition states.
Prior to leaving, he was observed by employees and managers to be in a visibly and dangerous intoxicated condition, according to the lawsuit.
Last year, the bar told the Democrat that they could not confirm that Mays had been a customer the day of the wreck and denied serving intoxicated guests.
“We will refuse to serve them,” Cutting Horse owner Shaun Kirwin said last year of people who seem intoxicated — whether they have been drinking at the Cutting Horse or have come from another restaurant or bar.
It is the law that people who are obviously intoxicated cannot be served, Kirwin noted, but it’s also a personal standard of all his employees.
“We care about [patrons] in that regard,” he said of ensuring they get home safely and do not have too much to drink.
It’s not unheard of for staff to take away someone’s keys or call them a cab if they appear intoxicated, Kirwin said. Staff members are all TABC certified, which isn’t a requirement but is the Cutting Horse’s policy, he said.
The Democrat contacted Cutting Horse Bar regarding the allegations this week but did not receive a response by deadline.