TGI Friday Held Responsible for Stabbing Death


In January of 2009, Orlando Jordan was stabbed to death by Michael Castillo and Louis Martinez in a TGI Friday's restaurant. An argument broke out because Castillo disapproved of Jordan dating his mother.

There was a security video showing Castillo and Martinez fleeing the restaurant after the incident. Castillo and Martinez plead guilty to assault with a deadly weapon. Castillo was sentenced to three years in state prison, and Martinez was sentenced to four years.

Castillo was 20 years old at the time, and Jordan's parents argued that the restaurant continued to serve him alcohol without checking his identification first, and continued to serve him alcohol even though he was clearly intoxicated. The restaurant had served Castillo approximately 12 drinks within 30 minutes. The lawsuit brought by Jordan's parents also noted that the restaurant had a pattern of assaults and a lack of security cameras.

A South Carolina jury awarded $40 million in damages for the death of 33 year old Orlando Jordan.  The panel found the restaurant 55% responsible for the incident while Castillo and Martinez are responsible for 45%.

TGI Friday's has not said whether they are going to appeal the verdict or not.

The Jordan family attorney has made a statement saying, "This case is about holding corporations responsible for their reckless decisions to value profits over community safety."

Comments from Allen:
This type of lawsuit is based upon what is known as "dramshop" liability: holding a bar responsible for continuing to sell alcohol to a clearly intoxicated customer, who thereafter does something harmful in his drunken state. Kudos to the attorney for the victim's family here.

Wrongful death verdicts are based upon loss of relationship with family members as well as loss of lifetime earnings, and sometimes punitive damages as well.  In states with "tort reform," such as Idaho, such large verdicts are almost impossible to sustain.  The loss of relationship claim in Idaho is a "non-economic" loss, and, as a matter of law, such losses in verdicts may not exceed, as of this time, approximately $325,000 per person who suffers the loss.  Lifetime earnings generally are in the $1-$2 million range, and absent punitive damages, which by Idaho law must bear some relationship to the compensatory damages, a similar Idaho death case would be limited to an amount far below what was obtained in South Carolina.

The verdict splitting responsibility means that 55% of the verdict is payable by TGI Fridays, while 45% of the verdict is payable by Castillo and Martinez.  Since Castillo and Martinez are "turnips" (defendants you cannot even squeeze blood out of, much less any money to pay a judgment), and since TGI Friday's is very solvent and insured, the family will be able to actually collect $22 million of the judgment.

I would be surprised if TGI Friday's does not appeal this judgment.  They have nothing to lose, and millions to potentially gain by doing so.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.


Sources for more information:
http://www.eater.com/2015/6/23/8830909/tgi-fridays-stabbing-death-lawsuit-40-million

 http://losangeles.cbslocal.com/2015/06/22/family-awarded-40m-in-tgi-fridays-legal-battle-remembers-slain-son/

 http://www.mantecabulletin.com/section/140/article/125236/

 http://www.thenationaltriallawyers.org/2015/06/tgi-fridays-stabbing-death/

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