Bars Sued For Alleged Role In Parsippany Crash That Killed Three

PARSIPPANY, NJ — An alcohol-induced accident in Parsippany took a father of four, an aspiring hip-hop artist and an advocate for animals. Two of the victim's families have filed wrongful-death lawsuits against Morristown bars for allegedly over-serving the man who caused the 2019 crash.

The lawsuits accuse Iron Bar, Revolution Social Brew House and Horseshoe Tavern of over-serving a customer before he sparked a wrong-way crash that killed three.

Miguel Botero caused the fiery crash while driving on I-80 during the early-morning hours of Oct. 18, 2019, in Parsippany, according to the Morris County Prosecutor's Office. His blood alcohol content totaled 0.229 — nearly triple New Jersey's legal limit of 0.08.

The crash killed Jalen Davis, Julia Wells and Ronald Francois, according to their families.

Botero pleaded guilty in November to two counts of death by auto and one count each of strict liability death by auto and driving while intoxicated. He agreed to serve a 17-year prison sentence as part of the plea offer.

But the families of Davis and Francois filed separate lawsuits against the bars, which allegedly served Botero earlier that night. The lawsuits from Francois's family claims the bars employed "incompetent and inadequately trained bartenders," who should have stopped serving Botero, according to the New Jersey Herald.

An attorney for the bars did not return comment.

The bars "observed ... Botero's visible intoxication and failed to monitor him and failed to act reasonably to take appropriate and reasonable measures to ensure his safety and the safety of motorists and passengers," according to a lawsuit from Davis's family filed in December.

The documents claim that bar ownership holds responsibility for the deaths under the Dram Shop Act. The New Jersey law allows victims of drunk driving or their estates to sue bars on the grounds that they negligently provided alcohol to an intoxicated driver.

"It is a violation of New Jersey law to serve a patron that is visibly intoxicated," Scott Leonard, the attorney representing Davis's family. "Jalen’s family is devastated by the loss of their daughter."

The bars also failed to provide employees with TIPS Alcohol Training, according to the lawsuit from Davis's family. New Jersey doesn't require the training, but some insurance companies make the certification mandatory for bars to purchase liquor liability insurance, according to the TIPS website.

Francois, 28, of Newark, left behind four children who suffered financially because of their father's death, according to the lawsuit from his family.

Davis, of Stanhope, turned 20 two weeks before the crash. She dreamed of becoming a hip-hop artists and recently returned to New Jersey with hopes a record label would sign her, according to New Jersey Advance Media.

Wells, 20, was the daughter of the vice president of St. Hubert's Animal Welfare Center, a major North Jersey shelter. She shared her mother's compassion for animals in need and spent countless hours assisting in the care of foster pets. Read more: NJ Woman Killed By Drunk Driver Honored By Animal Rescue

Jimmy Cavanaugh, who owns Iron Bar and Revolution, has been part of prior legal disputes associated with his businesses. Cavanaugh sued the town in 2019, alleging Morristown forced the bars to stop serving alcohol at 11:30 p.m. Fridays and Saturdays and 11 p.m. all other nights — hours before the normal closing time of 2 a.m. — according to Insider NJ.

The New Jersey Division of Alcoholic Beverage Control and the Office of Administrative Law have twice overturned the hours restrictions imposed on Revolution.

Cavanaugh also alleged in 2019 that town officials launched "cruel and malicious attacks" against them and claimed the town closed the road to traffic on weekend nights, making it more difficult for patrons to get ride-sharing services near the bar, according to Daily Record.

Horseshoe Tavern — separately owned — recently got cited for violating coronavirus orders, according to state officials. Police responded to the bar in November for going "well over" New Jersey's indoor-dining capacity — then 25 percent — according to State Police Colonel Patrick Callahan. Read more: Morristown Tavern Cited For COVID-19 Protocol Violations

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