Luau Louie's sued again over deadly alcohol-related accident

Monday, January 16, 2012 at 10:52pm

Luau Louie’s Hula Hut has officially been closed since October, but the club continues to face legal action in Davidson County Circuit Court.

Last Friday, JuJuan Brooks filed a lawsuit against the nightclub and its managers, Jody Browne and Craig Butler, claiming the club negligently served alcohol to Arcavius McMurry, who was under 21.

According to the suit, McMurry was the driver in a car accident that injured Brooks and killed Darryl Roper, whose family also sued the club earlier this month.

The lawsuit claims that three people were arrested for underage drinking at the club on the night of the accident. The Metro Nashville Police Department received 405 calls to the club over a 10-month span.

Luau Louie’s was padlocked by MNPD in September, reopened briefly, then closed permanently in October.

The lawsuit seeks compensatory damages from Luau Louie’s management related to Brooks’ injuries and punitive damages based on the club’s negligence.

10 Comments on this post:

By: spooky24 on 1/17/12 at 6:12

Sorry Mr ambulance chaser but that is not going to work and you know it. You must sue the owners insurance company not them personally. You will have a better chance suing Metro. Let me guess the insurance company lawyers just told you to get lost.

Is there a witness to this underage patron being served? Well no. It's the ole Lee Harvey Oswald lawyer lie. "Since we all know he did it-why do we need proof?

sp

By: Capiscan on 1/17/12 at 7:19

There should be a police report involving the three underage patrons mentioned in the article, spooky. In addition, we do not know if there is a witness or even videotape that would show whether Mr. McMurray was served at Luau Louie's.

Your hostility towards Mr. Brooks is confusing. Perhaps you don't believe that he deserves to be compensated for his injuries.

By: dargent7 on 1/17/12 at 7:27

Wrong beer breath: 405 calls in 10 months? The bartenders are legally responsible, too.
These managers should all be sued as well as the owner(s).
There is a paper trail at all bars that show how many drinks were served to a given person/ table. Date and time stamped, too.
Many of these DUI's and accidents are because the bartender, who completed a "whopping 5 hour class", will not cut someone OFF. The ID checked is obviously a forgery.
I've sat in many lawyer focus groups and the facts are the bartender served ,"6 Jack 'N Cokes" in 1.5 hours to one person, or 15 beers to another".
The bartender had/ has no money, so the owner was sued.

By: njmccune on 1/17/12 at 8:41

The biggest problem here is that the owners of Luau Louie's has simply re incorporated under another name and the place is open and doing business again...

By: spooky24 on 1/17/12 at 9:42

For your information I have no animosity towards Mr. Brooks whatsoever-I have never even met him. I'm just telling you what my experience tells me about cases like this. The juvenile records are sealed by the court and I can't see them and neither can you. The arrest report on the Adults tells me very little about what happened but I do know the club was closed over a codes violation masquerading as a criminal charge-which was still a good thing to do and it should have never been allowed to open in the first case.
Now Listen Up-just because some lawyer files a civil suit that in it's self doesn't make the defendant guilty. Everyone has the right of due process and anytime a newspaper is sought out to announce a lawsuit that means they don't have much of a case. 99% of all these cases get settled out of court and when you see one advertised then the first offer was not considered 'enough'. These cases are hard to prove even in civil trials and my understanding is that some narcotics were involved which, most certainly, was not bought at the club.

Remember!!!! Innocent until proven guilty!!!!

sp

By: delltechkid on 1/17/12 at 10:28

The person responsible in this situation is the person who was doing the drinking, not the bar. Even the people riding in the car themselves bear some responsibility because they knew he had been drinking when they got in the car with him, since they were at the bar with him. However, since the driver didn't have any money, the families are going after the bar and its owner since they have an insurance policy they can cash in on.

By: dargent7 on 1/17/12 at 11:39

Mumbo-Jumbo:
A + B = C.
The bartenders OVERSERVE the patron, he/she leaves INTOXICATED, gets into a wreck and the victim/ family/ heirs SUE whomever has the money. Bartenders never do.
For sure, sue then the OWNERS. Maybe the Insurance Co. pay's OFF, but when it's back-tracked to the original cause: the bartender, the owner is on the hook.
With about 50 honky-toks in Downtown Nashville, you'd think this "cause and effect" was a no-brainer.
Has to be 20 DUI's a weekend. And 5 lawsuits.

By: concretemike on 1/17/12 at 1:11

Maybe next time you will hang out at a reputable establishment that doesn't allow UNDERAGE people on the premesis much less serve them alcohol.

Think before you enter a vehicle with someone who was drinking because it doesn't matter their age....impared is impared, you made the choice and it cost you!

Are you really going to try and use the excuse I didn't know he was drinking when you rode to the club, partied with and left the club with the driver......stupid is as stupid does!!!!!!

PERSONAL RESPONSIBILITY!!!!!!!!! Practice some!!!!!!!!!!!!!!

By: gid on 1/18/12 at 10:28

Spokey
Your way off...the bar (person, company) has to be the named defendant in the Summon in order for their insurance carrier to file an answer. You cant sue the carrier direct as the carrier didnt have negligence in the incident. Ever bar has to carry a liquior liability policy to cover this; it is the bars responsiblity to cut off over drinkers (as drunks cant think)

By: Jarvis on 1/18/12 at 11:48

"The Metro Nashville Police Department received 405 calls to the club over a 10-month span." These were not calls, they are bar checks initiated by metro. They do bar checks, which is walk throughs looking for something to cite someone over, on most bars downtown. Luau Louie's happened to get so many more walk throughs because they had half of metro parked across the street every time they were open. Their intent was to write enough citations to get the business shut down. The nuisance order claimed that the business across the street got their window shot out as a result of Luau Louie's. The problems with that are A) The lady interviewed, Operations Manager Susan Cline, didn't say that B) window was shot out a year before Luau Louie's opened. Anyone can check with her to see what she actually said. The City Paper prints what metro tells them to print. I bet this post gets removed. Do you really think there were all those problems in the parking lot with half of metro camped out there? Either that isn't saying much about metro's ability if all those things happened on their watch or it is saying that many of these reports are manufactured to further the cause of shutting down the club. Many of the so called arrests happened blocks from the club. All credited to Luau Louie's. There were numerous reports on Facebook about Luau Louie's is racist due to its dress code, yet the nuisance order said Luau Louie's was a known gang member hang out? If you park half of metro outside a church with the main purpose of writing citations, they are going to find enough problems and shut that church down. The parking lot down the street had people meet up there to "hang out" sometimes. When asked by metro "where are you going?" they cant say oh we are hanging out... They say Luau Louies and the bar takes the blame for whatever drinking is going on with them. The day after the bar was shut down, the news station was there and guess what? People were in the parking lot drinking. Sure, there aren't problems found in that lot now, which is "proof" that it was Luau Louie's fault. But you will also no longer find metro in that parking lot with the directive to write citations. With no one to write citations, the problems disappear. The only issue with a shooting or gun found at Luau Louies was during a drive by at 4 am when the business was closed. The nuisance order claims an officer was shot? Nightly shootings can be heard by neighbors? Yeah right. Unlike the information found in many police reports, the comments above are true. Please feel free to check any of them out before issuing comments to the contrary.