Posted on May 30, 2012 · Posted in Brain Injury

The family of a Texas boy, who sustained traumatic brain injury in a traffic accident,  has reached a confidential settlement of a lawsuit that charged that an Applebee’s restaurant served more than 20 drinks to a patron, who later caused the crash.

Abdallah Khader, now 6, suffered extensive brain damage after his family’s car was struck by a vehicle driven by Stewart Lee Richardson in 2009.

An investigation by the law firm that represented Abdallah and his family tracked down Richardson’s receipt from the day of the accident, which said he was served 23 drinks in less than two hours at an Applebee’s location in Mansfield, Texas.

Police determined that Richardson had a blood-alcohol level more than three times the legal limit. On top of that, he had six prior drunken driving convictions in two different states when the accident occurred.

Abdallah’s family sued both Kansas City-based Applebee’s and Richardson, who is awaiting trial on related drunken-driving charges.

Four members of the family were hurt in the crash, although  Abdallah, then 2,  suffered the most serious injuries. Loubna Elhazarin and Fahad Khader, Abdallah’s parents, filed suit based on the financial burden of their son’s physical needs, loss of earnings, and past medical expenses, as well as emotional trauma and mental anguish.

“No amount of money is going to turn Abdallah back into the little boy he was before this tragedy occurred,” Dallas attorney Charla Aldous said in a prepared statement. “Hopefully, this settlement will allow Abdallah’s family to provide for the care he needs and perhaps serve as a reminder to those who serve alcohol that they have a responsibility to do so very carefully.”


About the Author

Attorney Gordon S. Johnson, Jr.
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice :: 800-992-9447