Wrongful death lawsuit filed against man charged with murder in Beltline Road crash

Yahoo

3 days ago

DECATUR, Ala. (WHNT) — The family of the 17-year-old killed in a deadly Beltline Road crash has filed a wrongful death lawsuit against the driver of the other vehicle and other parties.
On Tuesday, the family of 17-year-old Chloe Hastings filed a lawsuit against Kevin Jay Penich. Penich is charged with driving under the influence and murder in the deadly crash on Beltline Road on May 17.
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In addition to Penich being named in the lawsuit, the document names five businesses that 'failed to negligently caused or failed to prevent Chloe Rose Hastings' death.' The businesses named are: Decatur OpCo, LLC, Buffalo Wild Wings, PattonWings, Inc., Buffalo Wild Wings, Wingin'It, LLC, Buffalo Wild Wings, Alfonso's Pizza, Inc. and Logan's Roadhouse II, LLC.
The lawsuit says that before the deadly crash, Penich consumed alcohol from 'Decatur OpCo, LLC, dba Buffalo Wild Wings, and/or Patton Wings, Inc., dba Buffalo Wild Wings, and/or Wingin'It, LLC, dba Buffalo Wild Wings. Further, Kevin Jay Penich also consumed additional quantities of alcohol at Alfonso's Pizza, Inc. and Logan's Roadhouse II, LLC.'
The document says the businesses sold Penich alcohol 'even though he was intoxicated.'
Below are the charges listed in the lawsuit:
This count is listed under 'The Alabama Dram Shop Act' and for the Alabama ABC Board Rules and Regulations, Section 20-X-6-.02.
For 'The Alabama Dram Shop Act,' it says 'the wife, child, parent, or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person shall have the right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained aswell asexemplary damages.'
The Alabama ABC Board Rules and Regulations, Section 20-X-6-.02, states that no licensee or employee of a licensee should serve or dispense alcoholic beverages to any person visibly intoxicated.
This count goes on to say that the businesses separately unlawfully sold alcohol to Penich, and his actions following his consumption of alcohol led to the death of Chloe.
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This charge is against those who were hired, trained and supervised bartenders, servers and other staff who are responsible for the sale of alcoholic beverages at the businesses listed at the start of the lawsuit.
'As a direct and foreseeable result of Defendants' negligent and/or wanton hiring, training, and supervision of these employees, Kevin Jay Penich was overserved and became intoxicated. Thereafter, he unlawfully, negligently, and recklessly operated a motor vehicle, colliding with the vehicle driven by Chloe Rose Hastings and causing her death,' the document says.
This charge is against the businesses listed in the lawsuit. The document says the businesses breached their duty to responsibly serve alcoholic beverages.
The lawsuit says the businesses negligently, wantonly, and/or recklessly caused and/or allowed Penich to become intoxicated and failed to take reasonable steps to prevent further service and/or Penich's consumption of alcohol.
This count lists the negligent, wanton and/or reckless actions, but are not limited to:
Serving alcohol to Defendant Penich when he was visibly intoxicated in violation of Alabama law
Failing to properly monitor Defendant Penich's level of intoxication while continuing to serve him alcoholic beverages
Failing to implement or enforce responsible alcohol service policies or procedures
Failing to properly train employees on the legal and safe service of alcohol, including the duty to refuse service to an intoxicated person
Encouraging or permitting excessive consumption of alcohol by Defendant Penich for purpose of increasing sales or tips
Continuing to serve alcohol to Defendant Penich despite clear signs of intoxication, including slurred speech, unsteady gait, impaired motor function, and other obvious signs of impairment
Failing to refuse further service of alcohol or to take reasonable steps to prevent Defendant Penich from operating a motor vehicle after becoming intoxicated
This charge comes against Penich. The lawsuit says Penich negligently operated a motor vehicle and caused the collision that led to the death of Chloe.
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This charge comes against Penich. As a direct result of Penich wantonly operating a motor vehicle, he caused the fiery collision that caused the death of Chloe.
This charge against Penich says he had a duty to use reasonable care to avoid causing harm to others on the roadway. He violated the Alabama Rules of the Road by driving under the influence. Because of the direct and proximate consequence of Penich's actions, Chlose suffered injuries in the crash and she later died from said injuries.
This charge is listed against Penich and the businesses listed in the lawsuit. It says that the defendants acted 'negligently, wantonly, and in violation of Alabama law.' As a result of this, the lawsuit says 'their combined and concurring conduct caused the wrongful death of Chloe.'
In addition to the named defendants in the lawsuit, it also names several fictitious parties. For this count, fictitious party defendants No. 21-25 are listed.
'On or about May 17, 2025, Defendants No. 21-25, whose true names are unknown to Plaintiff but will be added by amendment when ascertained negligently entrusted a vehicle to Defendant KevinJay Penich, who by reason of his lack of skill or judgment or condition was not qualified to operate said vehicle in a reasonably safe manner, all of which Defendants No. 21-25 knew or should have known. As a proximate cause of the negligent entrustment by Defendants No. 21-25of a vehicle to DefendantKevin Jay Penich, Defendant Kevin Jay Penich so negligently and/or wantonly operated said vehicle so as to cause it to strike the vehicle driven by Chloe Rose Hastings, resulting in her fatal injuries,' the lawsuit reads.
You can read the full lawsuit linked below.
lawsuit-against-penichDownload
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