Lawsuit accuses bar of over-serving alcohol to driver

Plaintiffs are guardians of passenger in truck that crashed into downtown fountain

A lawsuit filed Monday in Miller County, Ark., alleges a patron who crashed his pickup into the fountain in front of Texarkana’s downtown federal building after leaving a local bar was over-served.

Carolyn Everett and Patricia Jan Jones filed suit as co-guardians of Donnie Joe Smith. Smith, 62, was a passenger in the truck being driven by 53-year-old Harvey Lynn Terry in the early hours of July 26, according to a complaint filed by Texarkana lawyer Matthew Golden.

Golden said he does not comment on pending litigation.

Terry and Smith allegedly began a night of drinking at the International Room, also known as the Double R, on the evening of July 25. The complaint accuses staff at the International Room of continuing to serve alcohol to Terry despite his being obviously drunk.

“Defendant R& R allowed Harvey Lynn Terry and plaintiff Donnie Joe Smith to leave its premises in a state of visible intoxication,” the complaint states.

Terry and Smith allegedly left the bar on State Line Avenue in Texarkana, Ark., at approximately 12:45 a.m. the morning of July 26. Terry later crashed his blue Nissan Frontier pickup into the

brick fountain. Both men were taken to area hospitals for treatment. While the nature and severity of the men's injuries is unknown, guardianships typically are granted when a person is incapacitated and those caring for them require legal authority to act on their behalf.

While the fountain crash occurred in a spot that straddles the state line between Texas and Arkansas, Texas police handled the accident.

Texarkana, Texas, police spokesman Shawn Vaughn told the Gazette during an interview in July, that Terry would likely be charged with a felony, alcohol-related, offense upon his release from the hospital. However, no charges have been filed against Terry, who has a long history of driving while intoxicated and boating while intoxicated convictions, according to officials with the Bowie County District Attorney's Office.

In an interview Tuesday, Vaughn said the case against Terry is currently in “suspended” status. Vaughn said that could mean investigators are waiting for the results of blood alcohol testing before levying charges and seeking an arrest warrant.

Because of his prior intoxicated driving and boating convictions, Terry could face a felony driving while intoxicated charge. A third arrest following two prior convictions can result in felony charges in Texas. A more severe felony charge of intoxication assault is possble for Terry as well if testing reveals his blood alcohol level was .08 or above at the time of the wreck that injured Smith.

The civil lawsuit has been assigned to Circuit Judge Kirk Johnson.