An 18-year-old Columbus man has filed a wrongful-death lawsuit against Ruben”s Fish and Steakhouse, where his father died of alcohol poisoning May 31.
In his complaint, Brian Edward Caldwell, of 605 Leigh Drive, claims Ruben”s had a policy of not calling medical services because it damaged profits.
That policy, he says, contributed to the death of his 46-year-old father, John Caldwell.
“Based on information and belief, Ruben”s and The Loft had a policy that emergency services were not to be called because they were bad for business,” the complaint states.
In its reply to the complaint, Ruben”s attorneys denied that any such policy existed, and that Caldwell was responsible for his own actions.
The complaint painted a picture of a hard-working man who was killed by callous incompetence.
John Caldwell had finished his shift at Burkhalter Rigging Inc. the night of his death, and met Joseph “Joey” Cox, 28, of 265 Nash Road, at Ruben”s now-closed upstairs bar, The Loft, the lawsuit says.
Cox, the off-duty manager of the bar, allegedly challenged Caldwell to a drinking game with two two-liter bottles of Crown Royal liquor, served by bartender Dylan Hicks, 28, of 122 Poplar St.
A patron tried to stop the game but was threatened with physical violence by Cox, who kept giving Caldwell more alcohol, the complaint says.
By 6 p.m., the two men passed out and were taken downstairs to a couch. Cox regained consciousness and left, leaving Caldwell where they found him dead June 1 at 1 a.m.
Caldwell was later found to have had a BAC level of 0.516, which is dramatically more than the legal blood-alcohol level of 0.08.
Both Cox and Hicks have since been charged with selling or furnishing alcoholic beverages to an intoxicated person, a misdemeanor. If convicted, the defendants could receive a maximum sentence of six months in jail and a $500 fine.
In their reply to the complaint, Ruben”s attorneys claimed Caldwell, alone, was responsible for his death.
“The decedent, John Raymond Caldwell, an individual, assumed all risks in the actions he took, which were voluntary on May 31, 2010, in consuming intoxicants …,” the reply states.
But Caldwell”s son disagrees. Ruben”s, he claims, had a “history of over-serving its patrons to enhance profits.”
He also argues that it”s been a chronic problem at The Loft for patrons to pass out and employees not to call medical services.
The case is scheduled to have a motions hearing Jan. 21 at 10 a.m. before 16th District Circuit Judge Jim Kitchens.
Caldwell is seeking compensatory and punitive damages to be determined by a Lowndes County circuit court jury, as well as all other court and attorney costs.
Ruben”s owner Danny Blakeney and Brian Caldwell could not be immediately reached for comment.
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