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Tech student, bar being sued for wrongful death


Last Update: 2/09 1:23 am
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A Texas Tech student and a local bar are now facing a wrongful death lawsuit. 26-year-old Brian Cody Hawthorne and Raider Park Restaurant Group, which owns The Garage and Roof Bar, are being sued by the family of Kendrick Johnson. Johnson was one of two passengers in Hawthorne’s vehicle that was killed during a traffic mishap on University Avenue.

According to LPD Hawthorne lost control of his pickup in the 500 block of University, flipped it, and struck and killed 68-year-old Cortland Whitmore who was riding a bike nearby. Hawthorne is indicted on three counts of intoxication manslaughter and three counts of aggravated assault in connection with the wreck.

"I'm hoping lawsuits like put bar owners on notice that they are going to be sued,” said Davis Smith, Johnson Family Attorney. “Their companies are going to be named. They need to stop this conduct."

Attorney Davis Smith said he has sued three different bars for over serving alcohol. Hawthorne was arrested while hospitalized and is now free on bond.

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danfan - 2/15/2012 9:04 AM
0 Votes
I am a taxi driver, and bore witness to the "accident", that night. First of all, I would like to say that him being a tech student, makes me even madder at the situation. He, and his two friends should have been in a taxi that night. The college pays for the cab fare to leave bars, safely. And Mr. Hawthorne can't say for a second, that he didn't know the Safe Ride Home program existed, because I've taken him home before. Several times.... all he had to do was call 742-RIDE. But NO... he had to go drive. He was going at least 60 mph, before all this happened... I do not feel sorry for him, in the slightest bit. The blood of three is upon his hands, for his lack of concern for his friends' safety, his own safety, and the safety of that poor old man, who at 68 years old, should have been retired...but had to go back to work, due to financial needs. What's truly sad, is that I had a fellow coworker of his in my cab, just a few nights ago. We were recalling that night, and the events leading up to it. Mr. Whitmore (who had just clocked out from the kitchen at Overton Hotel) had asked their supervisor if he could stay and work later, in order to help the crew prepare for an event the next morning. The supervisor denied his request, and told him to go home...he had already put in 12 hours. Point is: he wasn't out partying, and enjoying youthful ignorance, and lack of responsibility. He was trying to make a living. Working 12 straight hours in a hotel kitchen, then riding 4 miles home on a bicycle in the freezing cold!!! He did it EVERY NIGHT!!!! So don't tell ME how good a person Cody Hawthorne is, or how good god is... I hope god, AND the jury throw the book at that punk.

RamChick2005 - 2/9/2012 9:33 PM
0 Votes
I couldn't have said it better. Cody is a wonderful person and all 3 of them made the decision to get into the car that night. He has to wake up everyday in the reality that two of his good friends are no longer here and he is responsible for that. He should be held responsible for what happened. He will accept responsibility for his actions, because that's the kind of person he is. This lawsuit is ridiculous... They ALL made the decision to drive that night, not just Cody.

AJIMI - 2/9/2012 7:51 AM
1 Vote
I understand that is a painful event for all involved. But, what will the Johnson family earn by doing this? Do you think Kendrick would want one of his friends sued for an accident? Cody is great person in an awful situation. Yes, I believe he does need to be held accountable for his actions. However, don't you think living with the guilt of killing his 2 friends and an innocent stranger is enough? Put yourself in Cody's shoes. I wish the Johnson family would see it from the Hawthorne side. What do you expect to get from kicking a man while he's down? Cody is wonderful person, a great student and is in a lot of pain right now. Help him forgive himself by showing him more love and support than this. God didn't promise days without pain, laughter without sorrow or sun without rain. But he did promise strength for the day, comfort for the tears, and light for the way. If God brings you to it, he will bring you through it. Please.
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