Beyond the felony charge 22-year-old Kendall Batchelor is facing for intoxicated manslaughter, a civil suit has been filed by the parents of the man killed in the accident, John and Jeanette Belter.
The wrongful death suit is against Bathcelor herself with both parents of the deceased – David John Belter – filing a wrongful death suit in Bexar County where Batchelor’s last known residence is. The lawsuit states the parents are seeking more than $1 million in damages with no exact amount specified.
“Plaintiffs have suffered tremendous loss from the death of their son,” the original petition in the suit against Batchelor states. “Plaintiffs have suffered the past and future loss of care, maintenance, support, services, advice, counsel and reasonable contributions of a pecuniary value, that plaintiffs, in reasonable probability, would have received form David John Belter had he lived.
“Plaintiffs have also suffered the past and future loss of the positive benefits flowing form the love, comfort, companionship and society that plaintiffs, in reasonable probability, would have received from David John Belter had he lived. The death of David John Belter has caused plaintiffs to suffer tremendous emotional pain, torment and suffering in the past and, in reasonable probability, for the remainder of their lives.”
An answer to the original petition by Batchelor’s defense attorney in the civil suit, Louis Martinez of Price Martinez Law, was kept short with only a general denial, objection to assignment of the case to an associate judge and prayer that the plaintiffs “take nothing and that defendant be granted all relief requested.”
Along with the suit filed in Bexar County, in the 45th District Court, is a petition filed in the 451st District Court for all “pictures, surveillance camera footage or photographic material of any kind” of any indoor or outdoor restaurant or bar areas along with any documents, receipts, checks or other records of drink or food served to Batchelor at both Peggy’s on the Green and The Richter Tavern June 2, the date of the accident.
The petition states Batchelor was believed to have attended both establishments the day of the accident and could have evidence of her intoxication beyond the blood-alcohol draw performed at the hospital, showing Batchelor had a blood-alcohol twice the legal limit at .166.
A response from an attorney representing The Richter opposed the release of any surveillance video without a specific person or time identified, noting it would “violate the privacy rights of the other patrons of Richter Tavern.”
“Richter Tavern does have receipts and video available regarding Ms. Batchelor but requests a protective order to protect all other patrons captured on the video and proprietary information of Richter Tavern,” the response states, indicating Batchelor was, in fact, served at the establishment the day of the fatal crash.
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