In a twist of legal wrangling, a Texas federal court is grappling with an insurer’s assertion that a Dallas event space owner is not entitled to defense or indemnity in a wrongful death lawsuit stemming from a shooting incident.
Allegations of Negligent Inaction Trigger Exclusions
Mesa Underwriters Specialty Insurance Co. lodged its argument, contending that the property owner, West Dallas Investments LP, failed to act despite knowledge of the potential for indiscriminate gunfire during events at the venue. This, the insurer contends, activates two exclusions, precluding any coverage.
Fabrication Yard: Scene of Music and Art Events
The contested venue, known as the Fabrication Yard, serves as an industrial building doubling as a space for various artistic gatherings, including raves and dance parties, court records reveal.
Tragic Incident Sparks Legal Battle
The legal skirmish originates from a lawsuit filed by Edita Davidson, seeking over $1 million for the death of her son, Raul Alvarez, who attended a rave at the Fabrication Yard on March 3, 2023. The suit alleges that as the event concluded, intoxicated attendees fired shots into the crowd, tragically resulting in Alvarez’s death.
Dallas Venue Not Covered For Shooting Death : Duty of Protection Alleged
Davidson contends that possession of firearms was a known occurrence in the urban rave subculture and asserts that West Dallas Investments LP had a duty to safeguard attendees and implement adequate security measures.
Dallas Venue Not Covered For Shooting Death : Policy Exclusions at Play
Mesa Underwriters argues that the property owner is ineligible for coverage due to two policy exclusions. The assault or battery exclusion, the insurer claims, absolves coverage for bodily injury resulting from the insured’s failure to ensure a safe environment and negligent supervision. Additionally, the expected or intended injury exclusion is invoked, citing WDI’s alleged awareness of the potential for harm.
Dallas Venue Not Covered For Shooting Death : Legal Implications
Should the court side with Mesa Underwriters, it would absolve the insurer of any obligation to defend West Dallas Investments LP or cover any resulting settlement or judgment.
No Immediate Comment from Parties
Requests for comment from both Mesa Underwriters and WDI remained unanswered at the time of reporting.
Legal Representation
Mesa Underwriters is represented by Stephen A. Melendi and Matt Rigney of Tollefson Bradley Mitchell & Melendi LLP.
