Tiger Woods dismissed from wrongful death suit by parents of Nicholas Immesberger

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Tiger Woods dismissed from wrongful death suit by parents of Nicholas Immesberger

PGA Tour

Tiger Woods dismissed from wrongful death suit by parents of Nicholas Immesberger

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Tiger Woods has been dismissed from a wrongful death lawsuit brought by the parents of a deceased 24-year-old bartender who worked at his restaurant in Jupiter, Fla.

However, an amended complaint still lists Woods’ girlfriend Erica Herman, who is general manager of the restaurant, and The Woods Jupiter, Inc., as defendants.

Nicholas Immesberger had an estimated blood alcohol concentration of 0.256 — more than three times the legal limit in Florida — when his 1999 Chevrolet Corvette left Federal Highway and overturned at about 6 p.m. on Dec. 10, 2018.

The lawsuit, originally filed in Palm Beach County in May, alleged Immesberger was over-served for about three hours after his shift at The Woods concluded on the day of the fatal crash.

A 10-page amended complaint filed Friday in Palm Beach County alleges The Woods “over-served a young man alcohol who they knew was suffering with the disease of alcoholism.” It further charges: “The employees, management and owners of the Woods not only ignored Immesberger’s disease, they fueled it by over-serving him alcohol to the point of severe intoxication and then sending him out to his car to drive home.”

Woods is represented by attorney Barry A. Postman from the firm of Cole, Scott & Kissane, P.A. in West Palm Beach.

“The decision was clearly appropriate and reflected the fact that Mr. Woods should not have been included in the lawsuit in the first place because he had nothing to do with Mr. Immesberger’s death. While the situation was tragic, the facts will ultimately show that the cause of Mr. Immesberger’s car accident were the many decisions made by Mr. Immesberger on the night of his passing,” that firm said in a release on Monday.

According to filings in the case made on Monday, Postman is still listed as the attorney of record for Herman and The Woods. Separate motions to dismiss Woods and Herman from the case were filed on June 5 by Postman and a hearing on those dismissals is set for Sept. 27.

This is the cover sheet of the amended complaint in the wrongful-death lawsuit involving Nicholas Immesberger filed on June 21, The original lawsuit filed in May also included Tiger Woods as a defendant. (Golfweek Image)

Immesberger had a history of alcohol abuse, both lawsuits stipulate.

The original suit alleged “Tiger knew, or reasonably should have known, that Immesberger was habitually addicted to the use of any or all alcoholic beverages, and/or was a habitual drunkard.”

The original lawsuit also alleged that “Tiger is individually liable in this action because he individually participated in the serving of alcohol.” It did not mean Woods served — or was even at The Woods — that day.”

State alcohol laws say establishments can be held liable if they aren’t physically at the venue. However, Florida’s Dram Shop Law says only establishments that knowingly serve a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

“The employees and management at The Woods had direct knowledge that Immesberger had a habitual problem with alcohol,” the original lawsuit read. “In fact, employees and managers knew that Immesberger had attended Alcoholic Anonymous meetings prior to the night of his crash and was attempting to treat his disease. Despite this, the employees and management at The Woods continued to serve Immesberger alcohol while he was working as well as after work, while he sat at the bar.”

“We’re all very sad that Nick passed away. It was a terrible night, a terrible ending, and just — we feel bad for him and his entire family. It’s very sad,” Woods said when asked about Immesberger before the PGA Championship on May 14, after the wrongful suit was announced.

“I feel that they failed me. He referred to The Woods as his family and his friends. And when he needed them, they looked the other way,” said Immesberger’s mother, Mary Katherine Belowsky, in a press conference on the same day.

The wrongful death suit was filed by the firm of Craig Goldenfarb of Palm Beach on behalf of Scott Duchene, Immesberger’s father, and Belowsky.

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