Local bar sued after fatal accident

The family of a woman who died July 12 when a drunken 28-year-old man crashed through a fence into Bowie Middle School is suing an Odessa restaurant for $10 million.

According to the lawsuit filed Friday in Ector County District Court, Adan Olivas Hidalgo was obviously drunk 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 that Hidalgo was served a nightcap of Licor 43 and cream by the restaurant owner.

Because Hidalgo was drunk, he was inattentive, drove recklessly, disregarded the safety of others and fatally crashed into the school, the lawsuit says.

The lawsuit states that Hidalgo was traveling 87 miles per hour in a school zone shortly before the accident at 11:30 p.m.

Hidalgo and his passenger, Maria Delacruz Belmares, 41, were pronounced dead at the scene.

The lawsuit alleges that the two had consumed 12 beers in less than two hours before arriving at the restaurant and that “that alone places the driver in the category of 'obviously intoxicated' given his size and weight. Despite this, Los Toxicos Cantina continued to serve them alcohol.”

All of the beer bottles and their cardboard containers were found in Hidalgo's car at the scene of the accident, the lawsuit states.

Belmare's husband, Hector Trevino, and their children, Sean and Vanessa, claim the restaurant violated Texas alcoholic beverage regulations and is guilty of gross negligence.

The Lubbock County family, represented by San Antonio attorney Edward Allred, is seeking $10 million in punitive and compensatory damages.

Related