Attorneys for Tiger Woods are asking a Florida court to dismiss the wrongful death lawsuit filed by the parents of a 24-year-old bartender who was employed at a restaurant owned by the 15-time major champion.
Woods and his girlfriend, Erica Herman, were listed as defendants in the lawsuit filed in Palm Beach County last month. Nicholas Immesberger died in a single-car accident last December and had an estimated blood alcohol concentration of .256, more than three times the legal limit.
The lawsuit alleged Immesberger was over-served for about three hours after his shift at The Woods in Jupiter, Fla., before the fatal accident.
“Mr. Woods has no connection to the events described in the complaint,” Woods’ lawyers wrote in the motion to dismiss filed Wednesday. “According to the Estate, Mr. Woods is an investor in the entity that owns the restaurant that served the decedent. Mr. Woods, however, does not work at or own the restaurant, nor was Mr. Woods present at the restaurant on the day in question.”
Barry Postman, one of Woods’ lawyers, wrote in the filing that Immesberger’s family “misunderstands the Dram Shop Act.” Many states, including Florida, have Dram Shop Act laws that can hold those who serve clearly intoxicated patrons liable for damages.
