An Odessa restaurant is being sued for $10 million by the family of a woman killed when a drunk 28-year-old man crashed through a fence and into Bowie Middle School on July 12.
According to the lawsuit filed Friday in Ector County District Court, Adan Olivas Hidalgo was obviously intoxicated when he arrived at Los Toxicos Cantina on West County Road and yet restaurant employees served him six beers and two shots of tequila. The lawsuit further alleges a drink made of Licor 43 and heavy cream was served to Hidalgo by the restaurant’s owner as a nightcap.
Because Hidalgo was intoxicated, he was inattentive, drove recklessly, disregarded the safety of others and fatally crashed into the school, the lawsuit alleges.
The lawsuit stated Hidalgo was traveling 87 mph in a school zone just before the crash at 11:30 p.m.
Hidalgo and his passenger, Maria Delacruz Belmares, 41, were pronounced dead at the scene.
The lawsuit alleges that prior to arriving at the restaurant the two shared 12 beers in less than two hours and “given their height and weight, that alone puts the driver into the ‘obviously intoxicated’ category. Despite this, Los Toxicos Cantina continued to serve them alcohol.”
All of the beer bottles and their cardboard container were found in Hidalgo’s crashed vehicle at the scene, the lawsuit stated.
Belmares’ husband, Hector Trevino, and their children, Sean and Vanessa, allege the restaurant violated Texas Alcoholic Beverage codes and are guilty of gross negligence.
The Lubbock County family, who is represented by San Antonio attorney Edward Allred, is seeking $10 million in exemplary and actual damages.
