Former Justice Plus Teen Drinking Equals Lawsuit

Parents of Audrey King, a 17 year-old girl who died in a car wreck after attending an underage drinking party at the home of former chief justice, Tom Phillips, has filed a wrongful death lawsuit.

As reported by American-Statesman staff, both former Texas Supreme Court justice, Tom Phillips, and his wife Lyn, are accused of frequently allowing - and being known for allowing - teenagers to drink alcohol unsupervised in their Bastrop home.

The lawsuit claims, that both the couple, and their 20 year-old son, Daniel, were "well known in the Bastrop community as the location of frequent underage drinking parties. Mr. and Mrs. Phillips were home during the party and were well aware that minors were getting drunk in their backyard.  The kids made no effort to conceal the beer or the fact that they were drinking."

The lawsuit seeks unspecified monetary damages.

The Texas drinking law makes it permissible at age 21. Additionally, Texas law states that adults can be held liable for damages if they provided alcohol to a minor, or allowed a minor to be served alcohol in their home.

Phillips, currently a partner with the Baker Botts law firm in Austin, denied the lawsuit's allegations.

Richard Mithoff, representing the Phillips' stated, "Neither Judge nor Mrs. Phillips served or provided alcohol to anyone on the night before the accident.  Nor did they knowingly allow anyone to consume alcohol or to become intoxicated on their premises."

Mithoff also stated that teens did not drink regularly, or during the March 30, 2009 party, in the Phillips home.  He said that, "Such statements are false and defamatory and patently absurd."

Mithoff expressed that while the couple was deeply saddened to learn of the young girl's car accident and death, they had no idea that she had been at their home, or in the backyard carriage house that their son Daniel used.

Bobby and Cheryl King are also suing the owners of both the County Corner and the Beverage Barn.  The two Bastrop neighborhood convenience stores are accused of selling beer to notably "intoxicated" underage drinkers on March 30.

Carolyn Beck, spokesperson for the Texas Alcoholic Beverage Commission, said that she, "did not find that the Phillipses violated the law. They have found the source of the alcohol (that contributed to the crash) and are focusing the investigation on that."

Harry Scarborough, lawyer for the Kings, said that regardless of the results in the criminal investigation, it would not absolve defendants from civil penalties under the Texas Alcoholic Beverage Code.

Audrey, along with three of her friends, had planned on spending the night at the Phillips home because they knew they were intoxicated, states the lawsuit. Before that could happen, however, the party grew louder, and Lyn Philips discovered the teens, and her backyard a mess of empty beer bottles.  She ordered them all to go home. 

The lawsuit concluded that the Phillips' actions were fatally negligent "for allowing Audrey to drink alcoholic beverages at their home and then essentially forcing Audrey and others to drive drunk."

Dax Faubus, another King family lawyer, said that he has three sworn affidavits from guests at the party about the overt consumption of alcohol that night.

If someone you love was the victim of a wrongful death, please click here to find a personal injury attorney that can help you with your legal rights.