by Heather Graf
MADISON, Tenn. - 21-year-old Jessica Howard was killed in a car accident last October, and investigators have said a drunk driver is to blame. Now, her family members are suing.
Howard and her boyfriend, 26-year-old Kevin McManamon, were tuning left at the intersection of North Gallatin Pike and Alta Loma Road when a pick-up truck plowed into their driver's side door. Both died on the scene.
"When the officers told me it was her, it was just the most horrible moment of my life," Howard's brother, Michael Morris, recalls.
The driver that hit them, 21-year-old Dustin Coker, was injured and taken to Vanderbilt Medical Center. Police said that's where officers first reported he smelled like alcohol. Coker was initially charged with DUI, and then later indicted on two criminal counts of vehicular homicide.
The wrongful death lawsuit filed by Howard's father and brother seeks damages from three separate defendants: Dustin Coker; his brother Ryan,who owned the car Dustin was driving; and Sam's All American Sports Grill in Hendersonville. Howard's family members allege Dustin drank there just before the accident, and claim he was served too much alcohol.
"I wish the sports bar and the people serving him would have done something. Called the police, let the manager know they had someone that is obviously intoxicated," said Morris. "I believe, without this bar serving him this amount of liquor, this would not have happened."
Family members said the decision to file the lawsuit was not an easy one.
"A lot of prayer and thought went into it. I just hope this will teach other people a lesson, and that they'll know the just can't get away with things like this," said Howard's father, John.
Adam Dread is the attorney for Sam's All American Sports Grill. He told News Channel 5 he didn't even know about the lawsuit until he started getting calls from members of the media. He said it will ultimately be handled by the restaurant's insurance company.
As for Dustin Coker, he's still behind bars, but we're told he has been served papers. Lawyers for the Howard's are still trying to locate his brother. We were unable to reach any of their family members for comment.
The lawsuit alleges Coker's blood alcohol content was two times the legal limit at the time of the accident.
It does not specify the damages Jessica's family members are seeking. Their attorney said that dollar amount will be determined as the case moves forward.
Email: hgraf@newschannel5.com
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