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Gas Station Sued Over Fatal Crash

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By MICHAEL A. SCARCELLA of Sarasota Herald Tribune

Published: January 9, 2008

EAST MANATEE - EAST MANATEE - A Hess gas station clerk who sold a case of Budweiser beer to a teenager who crashed a car within hours, killing himself and a passenger, is responsible for the death of the passenger, according to a lawsuit against the global energy company.

The negligence complaint against Hess said the vehicle crash in November 2004 in East Manatee County was a "reasonably foreseeable consequence" of selling alcohol to a teenager who is not allowed by law to buy booze.

Authorities said the driver, Roy W. Pritchard, 17, of Myakka City, was drunk and speeding when he ran a red light on University Parkway at Legacy Boulevard. His vehicle slammed into a tree.

Pritchard and a passenger, Palmetto resident Robert "Cody" Childress, 16, were killed. A third person was seriously injured but survived. The friends worked at a Bob Evans restaurant in Manatee County. Childress was in his work clothes when he died.

"But for the actions of Hess we would not be here today," said attorney Charles R. Gallagher III of St. Petersburg, who represents the Childress family.

Gallagher said the clerk, who reportedly personally knew Pritchard was a minor, had a chance to "stop the dominoes" from falling.

Pritchard drank the beer as he drove around Bradenton, the lawsuit said. Officials said they found the case of beer in the vehicle at the crash scene.

A Hess attorney, Nicholas D. Freeman of Orlando, could not be reached for comment Tuesday by telephone or by e-mail.

But court records show Freeman is challenging the lawsuit, saying too much time has passed for the Childress family to pursue a wrongful death claim.

Attorneys for Hess are expected to argue at a hearing next month in Bradenton that the lawsuit should be tossed.

Childress' father, William L. Childress, said Tuesday more must be done to hold gas station clerks accountable for selling alcohol to minors.

He said he wants to galvanize parents to generate awareness about the sale of alcohol to underage customers.

"I'm upset every day," William Childress said in an interview.

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