Nestande, Clive Bar being sued by victim's father


by JESSICA HOLLOWAY / KVUE News and photojournalist ERIN COKER

Posted on May 24, 2013 at 1:16 PM

Updated Friday, May 24 at 5:14 PM

AUSTIN -- There are new details in the case against Gabrielle Nestande.

Two years ago Nestande hit and killed Courtney Griffin before taking off from the scene. Bart Griffin, Courtney's father, is now suing Nestande and the bar which served her drinks the night of the incident.

The lawsuit claims Clive Bar employees knew Nestande was intoxicated, yet continued to serve her alcohol. The suit also claims Nestande was "operating her vehicle negligently" when she hit the 30-year-old along Exposition Boulevard.

In a court room earlier this year, Nestande told the jury she was looking at her phone and didn't know what she had hit with her car. During the trial, details came out that Nestande had been drinking at two different Austin bars that night.

Nestande was ultimately convicted of criminally negligent homicide and was sentenced to 180 days in jail, plus 10 years probation.

The lawsuit filed by Bart Griffin against Nestande and Clive Bar seeks damages for the cost of Griffin's funeral and burial, as well as compensation for "past and future mental anguish."

The lawsuit also names Nestande's boyfriend. According to testimony, William Marchbanks saw Nestande's car after the crash but did not call police.

Griffin says no amount of money can fix what happened to his daughter and family.

"She killed my daughter. Not one soul from her family has reached out to me. As she [Nestande] lays her head down on her pillow and her head clears, I hope that image shows up in her mind every single night for the rest of her life," said Bart Griffin.

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