Judge dismisses lawsuit against Tiger Woods’ restaurant in death of bartender in crash

From West Palm to Hollywood: Will local singer win ‘American Idol…
Judge dismisses lawsuit against Tiger Woods’ restaurant in death of bartender in crash
A judge found The Woods Jupiter can’t be held responsible for the December 2018 crash that killed Nicholas Immesberger but has agreed look at the case again at a hearing set for June.
JANE MUSGRAVE | PALM BEACH POST | 5:52 pm EDT April 22, 2022

ROB LANDERS, PALM BEACH POST
JUPITER — A Palm Beach County judge has thrown out a lawsuit accusing a Jupiter restaurant owned by golfing great Tiger Woods of causing the 2018 alcohol-fueled death of a 24-year-old bartender.

In a decision that is being challenged by a lawyer for the grieving parents of Nicholas Immesberger, Circuit Judge Samantha Schosberg-Feuer ruled that The Woods Jupiter can’t be held responsible for the single-car rollover crash that claimed the life of the young man who struggled with alcohol.

Evidence showed that Immesberger, like other employees, helped himself to pineapple slices soaked in vodka and alcoholic drinks before leaving the restaurant to head home, she wrote.

“There is no evidence that Immesberger paid The Woods, or was asked to pay, for any of the alcoholic beverages he consumed on Dec. 10, 2018,” Schosberg-Feuer said in the 15-page ruling.

Tiger Woods is an investor in a restaurant called The Woods at Harbourside in Jupiter.
Tiger Woods is an investor in a restaurant called The Woods at Harbourside in Jupiter.
MELANIE BELL/THE PALM BEACH POST
A judge’s unusual demand: Man who defaced Delray gay pride crosswalk must write 25-page essay on Pulse as he awaits sentence

Sober home sentencing: West Palm sober home operator gets 6 years in prison in $31.3 million health fraud scheme

Circuit judge appointed: Jupiter attorney Darren Shull named Palm Beach County’s newest circuit court judge

Citing a series of Florida Supreme Court decisions, she said restaurants and bars can be held liable for a patron’s death only if they “knowingly” serve a person who is “habitually addicted” to alcohol or is a minor.

Since Immesberger wasn’t served or what Schosberger-Feuer called “vended,” the restaurant didn’t run afoul of state law, she concluded.

Attorney Barry Postman, who represents the popular Harbourside Place restaurant, applauded the ruling that was issued in March.

“We’re very pleased that the judge appropriately applied the law and found that Mr. Immesberger’s parents didn’t have a basis to bring a claim against The Woods,” he said.

Initially, both Woods and his girlfriend, Erica Herman, who managed the sprawling restaurant near the Intracoastal Waterway, were named in the lawsuit. They were dropped when no evidence surfaced that they were at the eatery on the day of the fatal crash.

A family photo of Nicholas Immesberger, who was killed in a car crash, shown at a press conference Tuesday, May 14, 2019, where the family announced they are suing Tiger Woods, his restaurant The Woods, and his girlfriend Erica Herman. They accuse the Jupiter restaurant of serving him excessive amounts of alcohol. Herman is the general manager of The Woods, where Immesberger was employed as a bartender.
A family photo of Nicholas Immesberger, who was killed in a car crash, shown at a press conference Tuesday, May 14, 2019, where the family announced they are suing Tiger Woods, his restaurant The Woods, and his girlfriend Erica Herman. They accuse the Jupiter restaurant of serving him excessive amounts of alcohol. Herman is the general manager of The Woods, where Immesberger was employed as a bartender.
LANNIS WATERS/THE PALM BEACH POST
Postman voiced confidence that Schosberg-Feuer’s decision would be upheld on appeal. But an attorney for Immesberger’s parents, Mary Katherine Belowsky and Scott Duchene, disagreed.

“She ruled that if you give away free alcohol, you can’t be held liable under Florida’s Dram Shop law,” attorney Spencer Kuvin said. “I believe she is dead wrong.”

Kuvin has already appealed Schosberg-Feuer’s decision. But before the 4th District Court of Appeal reviews it, Schosberg-Feuer agreed to give the case another look.

At a hearing scheduled for June 24, she agreed to consider Kuvin’s claims that she got it wrong.

Tiger Woods, seen here celebrating his win at the 2019 Masters Tournament in August, Georgia, is an investor in the restaurant bearing his name at Harbourside Place in Jupiter.
Tiger Woods, seen here celebrating his win at the 2019 Masters Tournament in August, Georgia, is an investor in the restaurant bearing his name at Harbourside Place in Jupiter.
ALLEN EYESTONE/FOR THE AUGUSTA C, ALLEN EYESTONE/FOR THE AUGUSTA C
In court papers, Kuvin said Schosberg-Feuer strayed far from past court decisions and common sense.

“No court has conclusively held that ‘vendors’ … are absolved from liability because (they) did not ‘sell’ or ‘take money’ from the ‘habitual drunkard,’ ” Kuvin wrote. “If this were to be the case, then vendors (bars, taverns, or restaurants) could freely hand out or pour alcohol free of charge with no consequences to its actions.”

Postman countered that Kuvin is misinterpreting both the law and Schosberg-Feuer’s ruling. The Woods didn’t “knowingly serve” Immesberger, he wrote. Therefore, it can’t be held responsible for his death.

But, Kuvin said, at least one fellow employee said Immesberger was drunk when he left the restaurant.

In a sworn statement, server Jenna Brodeur said when she gave Immesberger a hug, “I could smell the booze and he was sweaty.”

Managers, who knew the young man attended Alcoholics Anonymous meetings, should have stopped him from getting into his grandfather’s 1999 Chevy Corvette and driving off, Kuvin argued.

But, Postman said, three other employees said they didn’t think Immesberger was intoxicated. Brodeur also said she never saw anyone serve Immesberger and didn’t know he was an alcoholic.

Postman also objected to Kuvin’s claims that Brodeur offers new evidence of wrongdoing. Kuvin has known about Brodeur since shortly after the suit was filed in 2019.

Further, he claimed, rather than shore up Kuvin’s claims, Brodeur’s statements underscore Schosberg-Feuer’s conclusion that the restaurant is blameless.

All sides agree that the case is incredibly tragic. Immesberger was raised by his mother, who didn’t tell him about his father until he was in his teens, Kuvin said. As he and his father were building a relationship, his younger half-brother committed suicide. His personal struggles spurred him to seek comfort in alcohol, he said.

“Nick needed help. He didn’t need encouragement for drinking,” Kuvin said.

Toxicology tests conducted after Immesberger’s death showed he had had a blood-alcohol level of 0.256 – more than three times the 0.08 percent mark at which Florida drivers are presumed to be impaired. His blood also showed traces of THC, the active ingredient in marijuana.

Woods, who was arrested on drunken driving charges after a single-vehicle crash in Jupiter in 2017 and entered a court diversion program, talked about Immesberger’s death shortly after the suit was filed.

Speaking to reporters before playing in the PGA Championship golf tournament on Long Island, New York, Woods said he and the restaurant staff were devastated.

“It was a terrible night, terrible ending,” he said. “We feel bad for him and his entire family. It’s very sad.”