The personal representative and the estate of a patron of a local restaurant has filed a wrongful death lawsuit stemming from an incident on January 19, 2019.
The family of David Anthony Megee has filed a lawsuit in Custer County District Court against El Patio, LLC and Dylan Scott Welch, alleging negligence, which the plaintiffs claim caused the death of David Megee.
According to court records, Nancy Megee alleges El Patio employees intentionally over-served alcohol to David Megee. The lawsuit further alleges employees of El Patio, namely Dylan Scott Welch, an El Patio employee at the time of the incident, along with other employees of the restaurant, bet Megee $200 he could not drive to Oklahoma City and meet them at a bar afterwards.
According to the petition, David Megee attempted to drive to Oklahoma City, reaching speeds of 97 mph en route before striking a semi-tractor trailer near El Reno. David Megee died in the accident.
Court records indicate Welch pleaded guilty to a misdemeanor charge of furnishing/serving alcoholic beverage to an intoxicated person. In his plea agreement, Welch said “On or about the 19th day of January 2019, I knowingly, intentionally and wrongfully served alcohol to a person I knew to be intoxicated and at the time I served that person.”
For pleading guilty, Welch received a 1-year suspended sentence, had to surrender his bartender license and had to pay $350 in fines.
Court records indicate David Megee has five previous traffic citations in Custer County, two in Beaver County, two in Caddo County, two in Canadian County and one in Oklahoma County. One of the citations in Caddo County was for transporting open container—beer for an incident in 2011, which he pleaded guilty to in January 2012.
Court records indicate Nancy Megee is asking for damages exceeding $75,000 on multiple accounts from both El Patio and Welch.
Local attorney Clayton Bruner is the attorney of record for the plaintiffs.