In a devastating incident that highlights the critical importance of responsible alcohol service and public safety, the family of an eight-year-old boy, who lost his life in a DUI crash, has taken legal action against Tropicana Atlantic City. The lawsuit alleges that the casino, operated by Caesars Entertainment, played a part in the tragedy by either destroying or concealing evidence that could prove its liability.

The Heart of the Matter: A Night of Negligence

The case centers around the loss of young Javier Velez, whose life was cut short when his family’s car was hit by Edward Johnston. Johnston, who had been drinking heavily at Tropicana’s Boogie Nights nightclub, was driving at more than double the legal speed limit at the time of the crash. His binge included six Red Bull-vodka cocktails among other drinks, totaling at least ten beverages before deciding to drive. This reckless decision led to a 15-year prison sentence for aggravated manslaughter.

“Establishments serving alcohol have a grave responsibility to ensure the safety of the public. The tragic loss of young Javier Velez underscores the dire consequences of negligence in this duty.”

Allegations of Evidence Tampering

The lawsuit brings to light serious accusations against Tropicana and Boogie Nights, including the suppression of crucial surveillance footage and debit card receipts. These pieces of evidence could potentially reveal the extent of Johnston’s intoxication and the nightclub’s service practices. Further complicating the case are claims that Tropicana ignored subpoenas for the surveillance footage, and what was eventually provided did not match credit card records of Johnston’s purchases, suggesting possible oversight or intentional concealment.

Questionable Practices and Legal Implications

Discovery processes have unearthed troubling practices within Boogie Nights, where bartenders reportedly lacked certification in safe alcohol service and failed to closely monitor patrons’ consumption levels. Brian Barnett, Tropicana’s director of security, is specifically accused of failing to preserve vital video evidence, raising questions about the establishment’s commitment to public safety.

The Dram Shop Act and Establishing Negligence

At the heart of this lawsuit is the Dram Shop Act, which places liability on establishments for harm caused by overserved patrons. The act is a critical piece of legislation designed to ensure venues adhere to responsible service practices. To prove negligence under the Dram Shop Act, plaintiffs must demonstrate that an establishment served alcohol irresponsibly, leading directly to injury or death. The lawsuit against Tropicana alleges a “wanton and willful disregard” for public safety, highlighting the need for vigilance in alcohol service.

“For plaintiffs under the Dram Shop Act, proving negligence hinges on demonstrating an establishment served alcohol irresponsibly leading directly to injury or death. The case against Tropicana Atlantic City serves as a sobering reminder of the responsibilities venues hold.”

Conclusion: A Call for Responsibility and Reform

This tragic case not only sheds light on the personal responsibility of individuals but also on the collective responsibility of establishments serving alcohol. It underscores the importance of industry standards and practices concerning public safety and responsible service. As the lawsuit against Tropicana Atlantic City unfolds, it serves as a critical reminder that vigilance in alcohol service is paramount, and that establishments must do everything in their power to prevent such devastating incidents from occurring.