Jury Returns $6.56 Million Verdict Against Bar, Driver for Death of Pedestrian

Decision confirms liability of establishments for knowingly overserving customers

A San Angelo jury has returned a combined $6.56 million verdict against a local bar and an intoxicated patron who struck and killed a pedestrian.

Johnell Hornsby died on March 14, 2020, after being struck by a car driven by Brian Keith Castillo, whose blood intoxication level was measured at 0.198, almost 2.5 times the legal limit, when tested more than three hours after the accident. According to court testimony, Mr. Castillo had been drinking at Kimbo’s Saloon throughout the evening, and the bar’s employees were aware of his intoxication but did nothing to moderate his drinking or prevent him from leaving the bar and driving.

The jury found Kimbo’s Saloon was 60% responsible for Mr. Hornsby’s death, and ruled Mr. Castillo was 40% responsible. In its decision, the jury awarded varying amounts of compensation to Mr. Hornsby’s mother, Julieta Neira, and two minor children for past and future mental anguish and loss of companionship.

“We hope this sends a signal to every bar and restaurant that they can be liable for knowingly overserving a customer,” says Lance Livingston, trial counsel on behalf of one of the children. “We commend the jury for carefully assessing the evidence in the case and providing a measure of justice for Mr. Hornsby’s family,” added Mr. Livingston, partner in the Dallas firm of Dortch Lindstrom Livingston.

Mr. Castillo pled guilty to a charge of intoxication manslaughter earlier this year and received an eight-year sentence.

The initial police report stated that a 2014 Dodge sedan driven by Mr. Castillo was traveling northbound on North Oakes Street when it crossed the center of the roadway into the southbound lanes and hit a power pole, then struck Mr. Hornsby.

The case is Neira et al. v. Kimbo’s Saloon et al., No. D200111C in the 391^st District Court of Tom Green County.

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