Night Club Where Josh Brent Partied the Night He Killed Jerry Brown Sues Brent

By Stephen Young Thu., Dec. 4 2014 at 3:35 PM

Dallas Cowboys

Josh Brent

Josh Brent may have done his time for the December 2012 drunk driving wreck that killed his passenger, former University of Illinois teammate and best friend Jerry Brown Jr., but the legal battle surrounding the case isn't over. Brent's been sued by Beamers Private Club as it attempts to insulate itself from blame for Brown's death.

Brown's father, Jerry Brown Sr. sued Beamers in November 2013 for over-serving Brent on the night of the wreck. The club, Brown said, served Brent multiple bottles of Ace of Spades Champagne in its private room before the party broke up near 2 a.m. Because of Brent's size, he's listed at 6 feet 2 inches tall and 320 pounds in the Cowboys media guide, he would have drunk enough that a Beamers employee would have noticed him and the fact he was too drunk to drive home, he says.

This November, just as Brent was cleared to play by the NFL and put back on the Cowboys roster, he was named as a defendant in the lawsuit. Last Tuesday, the club filed a cross-complaint against Brent seeking that he cover all or part Beamers' cost should they be found liable for Brown's death.

The club says Brent's driving of his Mercedes the night Brown died was negligent, that he "drove at an excessive rate of speed, failed to control his speed, failed to drive within a
single lane of traffic, failed to timely apply his brakes and lost control of his vehicle."

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sgmarkle1111

Lack of knowledge can be a scary thing. Beamers did not sue Josh Brent. Jerry Brown, Sr, the father of the deceased sued Josh Brent. Only after that did Beamers file a cross action for contribution because the compulsory claim rule made it mandatory to make any claim that could ever have been made against Brent now had to be made in this case. No such action was filed against Brent until he was sued By Brown, Sr.

So, stupid or not; it was the only move that made rational sense. If Brent wants to claim the bar was negligent, "How dare you let me drink as much as I wanted to drink" let him make that argument.

First party dram shop cases almost never succeed because of the application of the Texas Comparative Responsibility Act.

drjeff0001

You gotta love insurance companies and their silly lawyers.

lebowski300

I thought the Browns forgave Josh Brent. Why they so mad?

wcvemail topcommenter

"History repeats itself, first as tragedy, second as farce." (Karl Marx)

Mr.Daubert

Josh Brent can sue the nightclub. It's known as a "first party dram shop" case. The claim is basically "you should have not have sold me that much alcohol; you should have cut me off when it was obvious I was intoxicated." And Brent could sue for the anguish of killing his friend, as well as his lost income as a result of the crash.

In other words, this was a stupid move by Spencer Markle, because it invites that claim against the bar. Now the bar will have 2 people shooting at it.