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Grill & Pub owner Grover Norton and brothers Eric and Derek Gallaher have responded to a $3 million lawsuit filed by the parents of David Lee Harvey.
Harvey died outside the Grill & Pub on July 23, 2011. Eric Gallaher has been charged with voluntary manslaughter and aggravated assault-bodily injury in his death. He allegedly punched Harvey after a minor fender bender in the parking lot.
Norton, the Gallaher brothers, Devin Lee Bertram and Anderson Treavin Wright are defendants in the civil lawsuit, which was filed this past July on behalf of Roy and Rebecca Harvey.
The suit alleges that after the fender bender, Eric Gallaher struck Harvey with blows to the head causing him to fall to the ground.
“Eric Glen Gallaher, Derek Lynn Gallaher, Devin Lee Bertram and Anderson Treavin Wright then poured beer and water on David Lee Harvey in an attempt to revive him,” the lawsuit alleges. “Eric Glen Gallaher, Derek Lynn Gallaher, Devin Lee Bertram and Anderson Treavin Wright then drug him from the Grill & Pub’s parking lot to a grassy area on the property near a garbage bin and robbed him of his money by taking it out of his pants pockets.”
The Gallahers, in their answer to the lawsuit, deny those allegations and demand strict proof. The Gallahers also denied the allegation that they assaulted and killed Harvey. They want the lawsuit dismissed and compensation for attorney fees and expenses.
Following Harvey’s death, county officials accused the Grill & Pub of being a hot spot for crime and unruly behavior.
“It’s dangerous to the public,” County Attorney Tom McFarland said in an August 2011 interview.
Norton expressed remorse for Harvey’s death and vowed to get rid of people who caused trouble at the bar.
In the lawsuit, the Harveys allege Norton should have foreseen the risk of injury to their son. They also accused him of failing to operate the bar so that it wouldn’t attract or provide a climate for crime. Norton denied those accusations in his answer to the lawsuit. He also blames the Gallaher brothers, Bertram and Wright for what happened.
“The decedent’s injuries, damages and unfortunate death were caused by the intervening and superseding acts or omissions of the third parties over whom this defendant had no control,” Norton’s answer to the lawsuit said.
The answer also said the alleged actions of the Gallaher brothers, Bertram and Wright “completely bar or substantially reduce any recovery to which the plaintiffs may be entitled” from Norton. Scott McCluen, attorney for the Harveys, asked for a judgement by default against Bertram and Wright because they didn’t answer the lawsuit.