Man sues over wreck injuries
Plaintiff suffered brain damage, paralysis in drunken driving crash
A drunken driving crash in Texarkana that left two dead, one permanently disabled and landed another in prison is at the center of a personal injury lawsuit filed this week in Miller County, Ark.
Genaro Camacho was 28 when the small Honda sedan he was a passenger in was mangled shortly after 2 a.m. Sept. 29, 2013, when Chad Caldwell ran a red light at the intersection of State Line Avenue and 14th Street in Texarkana. The Honda’s driver, Tameka Pavon, 38, and another passenger, Jercarlos Hawkins, 34, were killed. Camacho survived, but his injuries are debilitating, according to the lawsuit.
Caldwell, 38, had a blood alcohol level of .301, well above the limit of .08 at which a driver is deemed impaired. Caldwell entered a guilty plea in Bowie County to two counts of intoxication manslaughter and a single count of intoxication assault and is currently serving a 20-year term in a Texas prison.
The families of Pavon and Hawkins filed wrongful death suits late last year, which name Caldwell and a downtown Texarkana bar, Hopkins Icehouse, as defendants. The Hopkins defendants filed answers to both wrongful death lawsuits last year generally denying the allegations.
Little Rock lawyer Bryce Brewer filed suit on Camacho’s behalf in Miller County Circuit Court. The allegations mirror those in the earlier suits.
Camacho’s complaint alleges
Caldwell was served at least 20 beers and several mixed drinks by Hopkins staff and that the drinks kept coming well after it was clear he was intoxicated. Arkansas law prohibits the sale of alcohol to a visibly intoxicated person. The suits allege Hopkins also failed to take steps to sober Caldwell up or prevent him from driving drunk when he left the bar. The suits accuse Caldwell of negligence for driving drunk and running a red light.
Camacho suffered severe, permanent, debilitating injuries, according to the complaint Brewer filed on his behalf. The injuries include a paralyzed left hand and damage to his lower extremities which make walking difficult, the complaint alleges.
Camacho’s brain was damaged and as a result, he suffers psychologically, “has temperament issues and severe personality changes,” the complaint states.
“Along with other general injuries that are typically associated with a violent car accident and the resulting treatment,” the complaint alleges.
Camacho’s complaint asks for damages for emotional distress in the past, present and future as well as damages for past and future pain and suffering. The suit seeks damages as well for Camacho’s medical and related expenses and for punitive damages meant to deter similar conduct in the future.
The suits specifically name Caldwell; Layin’ Low Inc. doing business as Hopkins Icehouse Club; Hopkins Icehouse Inc. doing business as Hopkins Icehouse; David Jones; George Dodson; Mike Rogers; John Does; and John Doe insurance companies as defendants. Jones and Dodson are listed as owner-operators of Hopkins, while Rogers is identified as permit holder.
The case has been assigned to Miller County Circuit Judge Brent Haltom. Caldwell accepted a 20-year sentence in September 2014 as part of a plea bargain that allowed him to avoid the possibility of consecutive terms, which might have totaled 50 years. He was denied his first shot at parole in January.
According to the Texas Department of Criminal Justice website, the parole board considered Caldwell’s crimes as indicative of a disregard for human life and noted the involvement of alcohol. Caldwell’s next parole review is scheduled for January 2017.