Arguments in a Dallas court Wednesday focused on who is responsible for the drunken driving accident that killed a Dallas Cowboys practice team player.
The family of Jerry Brown is suing a nightclub for Brown's death the night a drunk Josh Brent wrecked his Mercedes and killed his friend. Brent was convicted in 2014 for intoxication manslaughter and received probation and is expected to testify against the nightclub.
Jurors will have to decide if the bar violated the Dram Shop Act — did it serve Josh Brent excessive amounts of alcohol to the point that he was obviously past the point of intoxication.
Police dash camera video was shown in court that was taken right after the fatal 2012 accident. Brent is seen talking to an officer who’s trying to figure out what happened leading up to the single vehicle crash.
Attorneys for Brown’s family detailed a night of drinking for Brent and friends which started at a restaurant and ended up at Privae, the private club inside Beamers. Brown’s attorneys said Brent and another friend received bottle service — with bottles of alcohol left at their private table for their unchecked consumption.
The fatal crash happened four minutes after Brent and brown left the club after 2 a.m.
“At some point, about 30 minutes or so before he leaves, Josh Brent has the bottle in his hand and he’s drinking straight out of the bottle of champagne. Never once does anyone at beamers ever regulate Josh Brent or tell him to stop drinking,” said Brent Walker, attorney for Brown’s family.
Defense attorneys told jurors it’s Josh Brent — who was convicted of intoxication manslaughter — who was solely to blame for consuming alcohol, getting behind the wheel, and speeding to the point of losing control resulting in a fiery, deadly crash.
“He chose to put the foot on the accelerator so that he went 110 miles per hour and caused this accident,” said Spencer Markle, Beamers attorney.
The defense also pointed out that Brown, who was not legally intoxicated at the time, chose to get in the car with Brent -- who didn’t show signs of intoxication according to what investigators were told by others who worked at the club.
The civil trial will continue on Thursday.