LAWSUIT: Man’s family says Vulcan Gas Company over-served him alcohol before he was hit by a train

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AUSTIN (KXAN) — The parents of a man who was killed in March after being hit by a train are suing Vulcan Gas Company, claiming the East Sixth Street music venue over-served him alcohol before he died.

MORE: Man hit and killed by train in central Austin

According to the lawsuit, Rudy and Michelle Webb say that on March 15, their son Christopher Martinez was at Vulcan Gas Company, located at 418 E. Sixth St., and was sold and/or served alcohol even though it was obvious that he was drunk to the point of being a danger to himself or others.

Martinez, the lawsuit says, left Vulcan and was hit by a train while trying to cross train tracks. The Webb Family says that Martinez suffered “extreme physical pain and mental anguish” before he died from his injuries — which was caused, in large part, due to his intoxication.

The $1 million-dollar wrongful death lawsuit would benefit Martinez’s young daughter, as his surviving heir.

On Aug. 27, the Texas Alcoholic Beverage Commission told KXAN that it is investigating the incident to determine whether any licensed businesses improperly sold alcohol in a way that would have contributed to Martinez’s death. TABC says that while such investigations can take weeks if any wrongdoing is discovered, penalties could include a fine against the business or even suspension of its license to sell alcohol.

KXAN reached out to Vulcan Gas Company but hasn’t heard back yet.

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