Texas Roadhouse fights $95M demand at trial over Georgia child’s death

Credit: Courtesy

Credit: Courtesy

Leo Camacho died three days after the crash. His parents claim Texas Roadhouse is liable under Georgia’s Dram Shop Act because Pancione was served a pint of Michelob Ultra though she was noticeably intoxicated and likely to drive away.

Jeremiah Byrne, an attorney for Texas Roadhouse, said Pancione showed no signs of intoxication in the 13 minutes she spent in the restaurant, which was captured on surveillance video. He played the footage to the jury Tuesday during his opening statements, saying the bartender on duty at the time did nothing wrong.

“That one light beer didn’t cause the accident,” Byrne said. “Katie Pancione did. She was texting and driving.”

Pancione is serving a prison sentence, having pleaded guilty to several charges in relation to the incident. She is expected to testify at the trial, which began with jury selection on Monday, the fifth anniversary of the crash.

Credit: Forsyth County Sheriff's Office

Credit: Forsyth County Sheriff's Office

Court records show Pancione separately reached a $2.6 million settlement with Jose Camacho and Daniela Torres to end their civil claims over her involvement in their son’s death.

Dax Lopez, an attorney for Jose Camacho and Torres, said an expert will testify during the trial that Pancione likely had a blood alcohol concentration of 0.225 grams of alcohol per 100 milliliters of blood when she arrived at Texas Roadhouse in Cumming at 6:17 p.m. on June 16, 2020. He said that is almost three times the legal limit for drivers in Georgia.

Pancione drank most of the beer she bought at the restaurant while waiting for a to-go food order, then left at 6:30 p.m., Lopez said. He said she was seen driving erratically before she hit the curb along Kelly Mill Road, traveled along the sidewalk and plowed into Jose and Leo Camacho at 6:36 p.m.

Pancione was 38, living with her parents in Marietta and going through a divorce at the time of the incident, case records show. She was on her way to her boyfriend’s house in Cumming when she struck the father and son.

Lopez said Pancione fled the scene and drove to her boyfriend’s house, where she was arrested several hours later. He said her blood alcohol concentration was tested at 9:48 p.m., when it was 0.176 grams of alcohol per 100 milliliters of blood. The limit for adult drivers in Georgia is 0.08.

Pancione claimed she had drunk “Fireball” whiskey at her boyfriend’s house after the crash, but there was no evidence to support that, Lopez said. He said she first shared that information about eight months after the crash, having spoken with her criminal defense lawyer.

Byrne said if Pancione had a “huge” blood alcohol concentration of 0.225 when she arrived at Texas Roadhouse, she would have been “a stumbling, puking drunk.” He said Texas Roadhouse is committed to responsible alcohol service.

Lopez acknowledged Pancione was “not falling down drunk” at the restaurant. He said Georgia’s Dram Shop Act does not require that to prove liability.

Witnesses expected to testify during the trial include Pancione and the Texas Roadhouse bartender who served her, as well as a teacher, lawyer and retiree who saw Pancione driving erratically just before the crash. Pancione’s boyfriend at the time of the incident and the managing partner of the Texas Roadhouse in Cumming are also on the witness list.

To find Texas Roadhouse liable, the jury of five men and three women must believe it more likely than not that the bartender served Pancione alcohol while suspecting or knowing Pancione was drunk and could drive away.

The trial, before U.S. District Judge Eleanor Ross, is expected to last more than a week.