Two wrongful death lawsuits connected to a fatal 2013 drunken driving crash have been set for a single jury trial in November.
Tameka Pavon, 38, and Jercarlos Hawkins, 34, died when a drunken Chad Caldwell, 37, slammed his Jeep into Pavon's small Honda sedan after running a red light in the early hours Sept. 29, 2013, on State Line Avenue in Texarkana, Texas. Genaro Camacho, 28, survived the wreck but suffers from permanent brain injury.
Pavon's and Hawkins' families filed separate wrongful death suits in September 2015 naming Caldwell and Hopkins Icehouse as defendants. Hopkins is a restaurant and bar in downtown Texarkana, Ark., where Caldwell was allegedly over-served before the fatal collision. Lawyers for Hopkins filed third-party complaints in both cases, alleging Fat Jack's Oyster and Sports Bar should be held at least partially liable if any fault is assigned to Hopkins. Fat Jack's has filed responses that admit Caldwell was in its State Line Avenue establishment before the crash but deny that Caldwell was served any alcohol while there.
Recently the cases were consolidated into one action by Miller County Circuit Judge Kirk Johnson. While the fatal wreck occurred in Texarkana, Texas, both of the bar defendants are located in Texarkana, Ark., which is in Miller County where the civil suits are pending.
Caldwell is currently serving two 20-year terms and one 10-year term for intoxication manslaughter and intoxication assault respectively in the Texas Department of Criminal Justice. Caldwell pleaded guilty in September 2014 before a Bowie County judge and the sentences are running concurrently. Caldwell was denied parole in January. According to TDCJ's website, Caldwell's bid for freedom was turned down because his offenses demonstrate a "conscious disregard for the safety of others" and "excessive substance abuse."
Caldwell's projected release date without parole is Dec. 16, 2021.
At the time of the crash, Caldwell's blood alcohol level was .301, well above the .08 level at which a driver is deemed legally impaired. The suits filed on behalf of Pavon's and Hawkins' families allege Caldwell was served several mixed drinks and around 20 beers while at Hopkins. The victims' families' suits allege the Hopkins staff did nothing to sober Caldwell up or prevent him from driving when he left the bar in a state of obvious intoxication.
Texarkana lawyers Hawley Holman and Chad Trammell filed the suits on behalf of the families. They specifically name Caldwell; Layin' Low Inc., doing business as Hopkins Ice House 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 third-party complaints, filed on the Hopkins defendants' behalf by Texarkana lawyer Dennis Chambers, name Fat Jack's, also known as Camden City Limits, and bar owner Meredith Mills as third-party defendants.
Johnson issued a scheduling order setting the case for a final pretrial hearing Sept. 2 and jury selection Sept. 13.