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Judge tosses lawsuit over alcohol sold to Elkhorn teen who died

Judge tosses lawsuit over alcohol sold to Elkhorn teen who died

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OMAHA — The family of a 17-year-old boy who died in a car wreck after he bought liquor cannot recover damages from the Kwik Shop where the alcohol was illegally sold, a Douglas County District Judge has ruled.

Judge Timothy Burns dismissed a lawsuit filed by the mother of George Gervase, of Elkhorn, who died in October 2018. The lawsuit alleged Kwik Shop did not properly supervise its employees, including the clerk who sold the liquor to two teenagers, who then sold it to Gervase and another teen.

Burns ruled that Nebraska law specifically prohibits intoxicated teenagers or their estates from recovering damages. The law specifies that liquor sellers may be held responsible only when intoxicated minors injure others.

Daniel Fischer, an attorney for Gervase’s estate, said Tuesday that he and Gervase’s mother, Jessica Kinnersley, are determining whether to appeal.

Gervase died when his car hit a pole after he had been drinking with friends. His blood-alcohol level was nearly three times the legal limit.

The Kwik Shop clerk, Kevin Hart, was sentenced to a year in prison and 18 months of supervised release after he pleaded no contest to procuring alcohol for a minor.


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