Family of crash victim files lawsuit against bar

HUMBLE, TX Eddie and Pamela McPayne are devastated, telling us they've cried every day since April 27, the day their son, Eddie 'Justin' McPayne, died. He was one of two men who died in a one-vehicle accident on FM 1960 in Atascocita.

It was a terrible crash, first into a ditch, then into two poles, one of which sent the car airborne. Bill Gonzales was ejected. His father ended up finding his body hours after officers left the scene.

According to the Harris County Medical Examiner's autopsy report, both men were legally drunk.

McPayne's parents did not want to be interviewed for this story. They have filed a wrongful death civil lawsuit against Hoot County Saloon, the bar where both victims were at before the accident.

The lawsuit alleges the bar provided enough alcohol to McPayne, 23, and Gonzales to get them from "fine when they got there, to drunk."

The lawyer for the McPayne family says the bar was negligent and did not provide assistance to both victims. The lawsuit claims both victims were obviously intoxicated and a clear danger to themselves and others.

"How could a server have served a whole pitcher of beer that they finished and another pitcher of beer and three shots each? I mean I think that probably goes against all the training that they're required for the certification process," said the McPayne's lawyer, James Rensimer.

Representatives for the Hoot County Saloon declined our request for an interview. However, in court filings, the bar denied the accusations of wrongful death saying "the bar requires each of its employees to attend a training program approved by the Texas Alcoholic Beverage Commission."