Heights Mexican restaurant blamed for fatal motorcycle accident

A family is suing a Heights-area restaurant over claims its employees over served alcoholic beverages to a driver who then caused a fatal motorcycle accident at I-10 and Studemont.

Jennifer D. Almaguer-Finberg, individually and on behalf of her children, filed a wrongful death suit Aug. 15 in the Harris County District Court against Shannon M. Garcia, 5602 Interest, doing business in the Heights as El Tiempo Cantina, and others.

Almaguer-Finberg says on Aug. 11, a drunken Garcia killed Jeremy Choate, after she ran a red light at I-10 and Studemont Street, slammed into his motorcycle and dragged him through the intersection. She reportedly sped away from the accident scene without offering him help.

The suit alleges the accident could have been prevented if El Tiempo employees would not have over served alcohol to Garcia before she left the restaurant.

Almaguer-Finberg is seeking damages and court costs. She is being represented in the case by Houston attorney Timothy Hightower.

Harris County District Court Case No. 2012-46844 and Harris County District Court Case No. 2012-47038.
This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.