BAC of .26, drink-spiking allegations, and a membership waiver that only went halfway
Two country club members drank themselves into a golf-cart crash after a tournament, then turned around and sued for $10 million.
After a members' golf tournament at Wildflower Country Club in Bell County, Texas, on November 4, 2023, a married couple stayed for drinks at the club bar. By the end of the evening, the husband had a blood-alcohol content of .26. His wife registered .18. They drove a golf cart home and were injured.
The couple sued the club and its bartender, seeking more than $10 million in compensatory and exemplary damages. Their claims ran along two tracks: first, that the bar overserved them under the Texas Dram Shop Act, the state law that lets injured people recover from businesses that serve obviously intoxicated customers; and second, that the bartender "knowingly, recklessly, and intentionally" spiked their drinks with drugs beyond the husband's prescribed opiates. They alleged the club was vicariously liable for the bartender's conduct because it happened during his shift.
The club had a shorter answer. It pointed to a liability waiver in the couple's membership application.
That waiver sat in the first full paragraph near the top of page three in a three-page document - the only paragraph containing capitalized text in the entire agreement. It released the club and its employees from "any and all liabilities, injuries, losses, damages or claims arising from my or...
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