Victims sue owners over 2009 car accident - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Victims sue owners over 2009 car accident

By Bob Hallmark - bio | email

LONGVIEW,TX (KLTV)- Victims of a two year old alcohol-related car crash are now filing a lawsuit against the then owners of an establishment that sold some of the alcohol to the driver on the night of the incident. It was January 8th, 2009 when a truck carrying 5 people crashed off the road and into a tree near Judson road and Tryon road, killing one person.

"That accident will stay etched in my mind forever, just seeing what we felt was the waste of it all," says original accident site witness Gail Peacock.

Witnesses who saw the 2009 crash at this site say there's no mistaking, alcohol played a part. Now victims of that crash are suing the former owners of Don's Beer Barn for gross negligence, for selling alcohol to the driver that night. 21 year old Robert Kirk was convicted of intoxication manslaughter, he was the driver who victims say was already intoxicated when he bought the alcohol, his blood alcohol was point-2-zero, twice the legal limit.

According to the suit, Kirk was sold two 30 packs of beer right at Don's at H. G. Mosley and Marshall avenue just before the accident. One passenger was left paralyzed from the waist down. The DPS report says Kirk was traveling at a high rate of speed on Judson road the night of the accident, he ran off the roadway and crashed into tree. Passenger Sarah Marie Hill died of massive injuries.

"Her family got the phone car that none of us what to get," Peacock says.

And witnesses say there was no question what contributed to the accident.

"I guess the thing that stands out to me the whole area was just littered with beer cans, they were in the truck, scattered on the ground they were everywhere," Peacock says.

The suit alleges the fly-thru bar illegally served an obviously intoxicated adult, including, but not limited to Kirk. Victims are seeking restitution for past pain and suffering. Neither side of the suit would talk on camera with us today. No trial date has been set.

 23 year old Robert Kirk remains prison, and will be eligible for parole in 2018.

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