DALLAS (CN) - Josh Brent's negligent driving killed the recently reinstated Dallas Cowboy's teammate and best friend, a Dallas nightclub claims in court.
Former Cowboys practice squad player Jerry Brown Jr. died on Dec. 8, 2012, in a single-car rollover collision with an intoxicated Brent behind the wheel.
An employee of Beamers Private Club dba Privae Lounge in Dallas had boasted on Twitter earlier that night that "Aces of Spades" champagne was flowing for the team members there.
Irving police arrested Brent at the scene of the crash, where his blood alcohol level was twice the legal limit. He was later convicted of intoxication manslaughter and sentenced to 180 days in county jail and 10 years of probation.
Jerry Brown Sr. brought his suit related to his son's death against Beamers and others in 2012. The club filed a cross-claim in this suit against Brent last week.
"Plaintiff, Jerry Brown, Sr. recently named Brent as a defendant in this lawsuit," the Nov. 25 filing states. "Brent was negligent in the manner in which he operated his motor vehicle. Specifically, he drove at an excessive rate of speed, failed to control his speed, failed to drive within a single lane of traffic, failed to timely apply his brakes and lost control of his vehicle."
Joined by Bavarian Management, ADRC LLC and Sharouz Ferdows, Beamers says Brent's driving "proximately caused and/or solely caused" Brown Jr.'s death.
Brent must contribute or provide "complete" indemnity regarding Brown Sr.'s claims against them, the four-page filing states.
Brown Sr. has cited findings by the Texas Alcoholic Beverage Commission in saying that the club sold alcohol to an intoxicated Brent and "conducted practices that caused Privae patrons to consume an excessive amount of alcohol."
"The obviousness of Brent's intoxication was manifest from the volume of drinks that defendants served - and bragged about serving - to Brent, and from the physical clues Brent exhibited," Brown's complaint states. "Indeed, only shortly after leaving Privae, Brent exhibited to police multiple signs of intoxication, such as his inability to pass field sobriety tests and his reeking of alcohol."
Brent completed his sentence in July, the Cowboys brought him back into the fold on Nov. 11 after a 10-game suspension. The Cowboys have had two games since but Brent did not play in either.
In his first comments since his conviction and incarceration, Brent spoke of his pain and regret for his role in his friend's death.
"I miss Jerry," Brent said in November. "To know that he's not here because of a mistake that I made that could have been prevented ... it hurts me every day."
When asked why he was returning to football, Brent said he wanted to honor Brown and make sure he did not "die in vain."
"Jerry was a great person, a great player and had a bright future," he said. "Once again, a mistake that I made took that away from him, took that away from his daughter, took that away from his mother, so that's something I make sure I keep and feel conscious of that."
Brown Sr.'s attorneys has not returned a request for comment. Beamers could not be reached for comment.
Follow @davejourno
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.
Additional Reads
-
-
Contributor-Test-Post-2024-04-12 April 12, 2024
