Court OKs mom's suit against stadium beer vendor

INDIANAPOLIS -- A lawsuit that claims the beer vendor at Lucas Oil Stadium overserved an intoxicated Indianapolis Colts fan who hit and killed a child on his way home from a game can move forward, the Indiana Court of Appeals ruled Wednesday.

Tierra Rae Pierson, 12, was killed and her cousin, January Canada, also 12, was injured when a vehicle driven by Trenton Gaff struck them as the girls walked along a road on Dec. 19, 2010.

Gaff had been driving home from a Colts game.

"I'm really glad that I'll be able to have a day in court for my daughter," Betina Pierson said. "She deserves more than to be just another statistic."

The lawsuit alleges South Carolina-based Centerplate, the food and beverage provider for Lucas Oil Stadium, "negligently failed to train, instruct, monitor, and restrict the sale of alcoholic beverages to visibly intoxicated persons," including Gaff.

In September 2011, Gaff — who told police he had had five beers during the Colts game and one more after the game — pleaded guilty to operating a vehicle with a blood-alcohol content of 0.15 percent or higher causing death, a Class B felony, and operating a vehicle while intoxicated, a misdemeanor.

The families of Pierson and Canada filed the lawsuit against Service America Corp., which does business as Centerplate.

But last year, Marion Superior Judge Robert Altice Jr. granted Centerplate's request for a summary judgment. His ruling said there was no evidence that a Centerplate employee or designee — the company uses trained volunteers from non-profit groups — served alcohol to Gaff while he was visibly intoxicated. Also, according to the ruling, there was no evidence that alcohol provided by Centerplate was a proximate cause of the accident.

The Court of Appeals order reversed that ruling. It said "reasonable inferences to be drawn from the designated materials could permit a fact-finder to conclude that a Centerplate designee served Gaff beer while knowing him to be visibly intoxicated."

The case will now go back to Marion Superior Court, unless Centerplate challenges the Court of Appeals decision to the Indiana Supreme Court.

Centerplate's attorney, Michael Moon, said they are considering an appeal.

Centerplate operates in more than 300 sports, entertainment and convention venues in North America and the United Kingdom, according to its website. That includes nine NFL stadiums.

At Lucas Oil Stadium, Centerplate pays the volunteers a commission of 8 percent on alcohol and 9 percent on food that goes to their nonprofit organization. The more the volunteers sell, the more they earn for their group.

Supporters say the practice allows non-profits to earn money for valuable community service work. Critics say it encourages these volunteers to overserve.

The practice is common. Sports venues across the nation use scout troops, soccer teams, church groups and other volunteers in their concession areas.