Two bars in Austin, Texas are facing a lawsuit containing allegations of overserving a patron prior to her exit. One of the bars is part of the well-known, historic Driskill Hotel. The other is a popular bar located on West Sixth Street, the Star Bar.
The patron, Katie Bykowski, visited both establishments on the day in question, consuming several alcoholic beverages at each before attempting to drive. Thereafter, Bykowski ran a red light at the intersection of Sixth Street and Lamar Boulevard, hitting a van, and subsequently spinning into and striking a nearby cyclist. The victim-cyclist, Jo Jo Mckibben, was rushed into emergency surgery after she was hit by Bykowski’s vehicle. Although she is in currently in recovery, Mckibben suffered a traumatic brain injury, a lacerated liver and multiple fractures throughout her body.
While Bykowski is now facing intoxication assault charges, the cyclist’s father has initiated a lawsuit against the two aforementioned businesses under the Texas Dram Shop Act. The suit alleges that the bar at the Driskill Hotel and Star Bar both served Bykowski too many drinks after she was already clearly and obviously intoxicated. The lawsuit alleges that “over the course of the evening, she [Bykowski] became intoxicated to the point where it was obvious to anyone that saw her that she was a danger to herself and the public.” Additionally, the father’s attorney stated in an interview that the statements made by Bykowski to the police following the wreck suggest that she was served a lot of alcohol at both establishments prior to her driving on that night.
Local Austin news outlets have reached out to both the Driskill Hotel and Star Bar for their side of the story, however, neither has commented on the lawsuit. The Texas Dram Shop Act holds establishments liable for selling alcohol to obviously intoxicated persons.
If you or someone you know has been injured in an auto accident caused by an overserved or intoxicated driver, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884.