FLORENCE, Ky. — “It’s not hard to be safe and card people.”
That's what a Northern Kentucky family's attorney is saying after he says alcohol contributed to a March 2023 incident that severely injured a young man.
The Smith family, who live in Erlanger, is suing two Florence restaurants: Twin Peaks and KickShot Billiards. They are suing the two establishments for serving alcohol to minors and gross negligence. They're also suing FAT Brands for negligence, which is the company that owns Twin Peaks.
“In this case, this Twin Peaks chose not to card a table full of kids. They chose to serve him shots and beers,” said David Barber, the attorney representing the family.
Barber said alcohol contributed to an incident in March 2023 that resulted in Sean Smith suffering severe and potentially fatal injuries. After 19-year-old Sean and his group left the restaurants they went to state park. Sean was sitting on the back of a car when the driver took off, and Sean hit the ground. Barber said he was conscious for a short period of time before he was airlifted to the hospital.
“Sean… broke multiple bones in his skull and in his spine, and suffered [a] brain stem injury that has left him basically in a coma ever since,” Barber said.
Barber said Sean was with other minors at the time.
“This Twin Peaks was known locally to this group of kids that Sean was with as a place where they can go and order alcohol without being carded, that's why they went there,” Barber said. “Kentucky law says if Twin Peaks makes that choice to serve a minor then they’re responsible for what happens later.”
He said the group then briefly stopped at Kickshots after they were served at Twin Peaks.
“The group was served a bucket of alcoholic beverages without being ID'ed and then those were shared. That’s also against Kentucky law,” he said.
Barber said Sean’s condition is getting worse.
“They’re going to have to make some really tough choices before long,” Barber said.
He said the family is approaching $3 million in medical bills.
Barber said the family hopes to prevent this from happening to another family, and they want Twin Peaks and Kickshots to be held accountable.
WCPO 9 has reached out to Twin Peaks, Kickshots and FAT Brands for statements. We have yet to get a response.
