Choked to Death|on a Corn Dog

SANTA FE, N.M. (CN) — The family of a drunk woman who choked to death in a corn dog-eating contest, in which women knelt in front of men holding the dogs in their "groin area," has sued the club that sponsored the event.

Debra Harbeck drank at least "three double shots and four double gin & tonics" at Fire & Ice nightclub before she joined the faux blowjob contest on the night of Jan. 27, her husband Jesse says in the Aug. 5 lawsuit in Santa Fe County Court. She choked on the corn dog and died on Jan. 29.

Lead defendant PKG Investments dba Blurr dba Fire & Ice "hosted [the] corn dog eating contest," the complaint states, in which "(f)emale contestants got on their respective knees in front of males who were holding corn dogs near their groin area. The winner of the corn dog eating contest won a prize by eating the corn dog the fastest."

Harbeck's husband, daughter, and mother say that eating competitions should be monitored by medical personnel to prevent tragedies such as this, but no medical assistance was available that night.

They say that Harbeck, 56, whose blood alcohol content was between .127 and .138, should have been excluded from the contest, as that "is considered in itself a fatal or near-fatal level of intoxication."

Defendants include Anodyne Corp., Hinkle Investments LLC, and Hinkle Income Properties. The family seeks punitive damages for wrongful death, dram shop liability, premises liability, negligence and loss of consortium.

They are represented by Gene Chavez of Albuquerque, who could not be reached by phone for comment after business hours Monday.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit