San Angelo Jury Finds Kimbo's Saloon Partially Responsible for Drunk-Driving Death

 

SAN ANGELO, TX — A San Angelo jury determined that Kimbo’s Saloon was partially responsible for an intoxicated man leaving the bar and killing a pedestrian.

The jury awarded the victim’s wife and children $6.56 million in damages in the trial that concluded Sept. 26, 2024, in San Angelo.

Johnell Hornsby, 28, died March 14, 2020, after being struck by a vehicle driven by Brian Castillo, who was 29 at the time.

Castillo’s blood intoxication level was 0.198, almost 2.5 times the legal limit of .008, when he was tested more than three hours after the accident.

Castillo had been drinking at Kimbo’s Saloon and had six drinks in the span of about 70 minutes, according to court testimony.

A San Angelo jury determined that Kimbo’s Saloon was partially responsible for an intoxicated man leaving the bar and killing a pedestrian.

A San Angelo jury determined that Kimbo’s Saloon was partially responsible for an intoxicated man leaving the bar and killing a pedestrian.

Castillo was sentenced in March to eight years in prison for intoxicated manslaughter. 

The jury’s verdict found Castillo 40% responsible for Hornsby’s death, while Kimbo’s Saloon was found to be 60% responsible.

"We hope this sends a signal to every bar and restaurant that they can be liable for knowingly overserving a customer," said attorney Lance Livingston, who represented the plaintiffs. "We commend the jury for carefully assessing the evidence in the case and providing a measure of justice for Mr. Hornsby's family."

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After all the bars shut down, how long before the next lawsuit holds any store selling alcohol accountable.  
Maybe a one drink policy would be worth looking at so seven or eight bars could split the liability.  Or maybe make penalties stiffer as a deterrent so the person doing the drinking and dangerous driving could be held accountable and couldn’t do it again.  

CGM5, Fri, 10/04/2024 - 06:50

As a younger man in my twenties I spent many a night in bars with friends, chasing girls, shooting pool, dancing and having fun. I was always responsible for my decisions and behavior and sometimes irresponsible. Of the countless times I spent nights in a bar, I can't imagine even once that it was the bar's fault I drank too many. In those days had I been denied service, I would have simply gone to another bar. I've also worked as a bouncer and if a bar has 5 people in it, you will notice someone that's had too much to drink. If a bar has 50 people in it, it can be difficult to know who's had too much to drink. 

MAGA, Fri, 10/04/2024 - 14:28

It's time to welcome the coming of a new belief where criminals have rights and regular law abiding citizens don't. It's a recent adoption of behaviors and a new belief system created by the democratic party governing our country. While I don't and never will support the selling out of America it's very clear that the democrats are all in, even in our small town of San Angelo. While we still shame them unlike all of the other liberal hellholes I fear that soon we will even lose that. Soon they'll reveal their true intentions and we'll all be slaves to their beliefs. Maybe we already are.

Like you I once prowled the "joints" in San Angelo that had country-western music, dance floors, pool tables (I shot 8- and 9-ball... ball in hand), and served a wee bit of alcohol.  The ultimate responsibility for one's alcohol consumption lies with the consumer.  Unfortunately, alcohol has a negative effect on one's judgment center; it is far too easy for someone who is really loaded to think he/she can have "just one more" and be able to navigate home safely.

I recall the night at "Friends" some years ago during which one in our group was far past the safety point in his consumption.  The bartender finally cut him off, which ticked him off enormously, and we wrestled him toward the door.  I asked him for his keys since he was clearly unfit to drive.  My request was NOT well received.

The conversation quickly went downhill and it became clear he would much rather fight than give up his keys.  I finally gave up and let him go on his way.  I suppose he made it home safely since I didn't read about him in the paper the next morning, and I also decided I did NOT need to be around him again.

My point:  before he reached the point of being obviously intoxicated he was still loaded enough to not be safe for driving.  How would a bartender recognize that?  What determines when someone should be cut off, especially if they are not stumbling, mumbling unintelligibly, pissing themselves, picking fights, or just being generally assholish?

Six drinks in 70 minutes?  A freakin' elephant would be gassed in this case.  Two drinks?  Three drinks?  How does one make the call?  In this case I hold Castillo 90% responsible and never want him to be on the streets again.

It ain't easy for the folks working behind the bar.

Ah, West Texas in the '90s. I was just minding my own business, hopping from bar to bar—usually the ones with dim lighting, a little country music playing, and a stiff drink in my hand. I had my usual routine: settle into a corner booth, knock back a few shots of tequila, maybe curse the bartender if they got too chatty. It was my time to unwind after a long day of planning and strategizing.

But of course, this one group of brats always found me. Every time I tried to get a little peace, they'd show up, acting like they owned the place. I remember one night at some place in San Angelo—could have been "Turdz," or maybe it was another one of those dingy bars with neon signs and sawdust on the floor. I was just getting into a nice, tipsy haze when the doors swung open and there they were: some kid in red with way too much energy, another in blue trying to act all righteous, and their friends—the usual suspects. They stormed in, trying to call me out in front of the whole bar and starting a lot of trouble!

I wasn’t doing anything except enjoying myself, but they always had to make a scene. It wouldn't take long before they were trying to square off with me right in the middle of the dance floor. Naturally, I wasn’t about to let them ruin my night. I sent them flying with a flick of my wrist, knocking over chairs and pool cues in the process. Other folks at the bar were startled, and I would be forced to defend myself!

Every time they came at me, the same thing happened. They'd regroup, make a lot of noise, and try to outmatch me, but I sent them packing again and again. But each time, the place ended up trashed because one gang of thugs wanted to instigate a fight! And the bartenders? Useless! They just stood there, wide-eyed, as I repelled those runts over and over again.

Those pest ruined many of my nights out when all I wanted was to engage in hardcore alcoholism in peace.

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