6/26/2006
Richard Rosen and Alex Cash recentlyprevailedin a dramshop claim againstTexaco Oil Company and its local mini-mart and oil jobber.
The jury in Bamberg, SouthCarolina found the defendants liable fordamages of $30,000,000, which was thenreduced by 10% based on the plaintiff’sown negligence. Judgment was enteredfor $27,000,000 against all defendants.The jury found that the local Texaco Stationin Denmark, South Carolina had soldThunderbird wine and Schlitz Malt Liquorbeer to a group of teenagers, whichultimately resulted in a severe single carwreck. The plaintiff was a seventeen yearold high school student who was rendereda quadriplegic by the incident. Two othersdied in the wreck.
Documentation and admissions undercross examination by Texaco’s corporaterepresentatives proved that Texaco had theright to control the operations of the localTexaco station and even prevent alcoholsales. The mandatory Texaco BrandStandards were so stringent that localowners were required to gain corporateapproval of beer signs on beer coolers.
Other evidence revealed that Texaco hadthe right to mandate alcohol managementtraining of the employees at the station,but that they never actually conducted suchtraining. Additional evidence revealed thatTexaco used a “secret shopper” programto insure rules were complied with suchas gas station attendants wearing theTexaco corporate star and not wearingexcessive jewelry or displaying visibletattoos. Despite having a 69 point rulechecklist, these same “secret shoppers”did not bother to check to see if theTexaco station carded minors trying tobuy alcohol.Rosen, who has a national reputation forsuccessfully trying complex cases, saidthat the jury responded to the argumentthat alcohol and gas don’t mix. “Wereviewed reams of corporate documents,and found no concerted effort to i.d.minors. We found a very concerted effortto profit from alcohol sales. Andunfortunately, our client paid dearly.”
Post trial motions are pending and shouldbe set for hearing in August.
