LAW SUIT COULD COST CHEROKEE QUEEN MILLIONS

Intoxicated Patron Causes Fatal Car Crash

TULSA, Okla. (March 3, 2003) - A wrongful death and personal injury lawsuit that could cost Grand Lake's popular Cherokee Queen millions has been filed today in Delaware County Court.

In the suit, Baudelio and Nancy Gamboa of Grove contend that one of the party boat's patrons, 56 year-old Billy Joe Scoggins of Claremore, was served alcoholic beverages even though he was obviously intoxicated. A short time after leaving a private Valentine's Day party at the Cherokee Queen, he crashed his car into a vehicle being driven by Mrs. Gamboa, killing her mother, June Jones, 86, of Grove. Baudelio Gamboa sustained injuries that have left him totally paralyzed on the left side of his body.

Two other passengers, Lucas Gamboa, 16, remains traumatized by the sight of his grandmother's head injuries while his sister, Wendy Gamboa has suffered both mental and physical impairment, the suit said.

According to police reports, a 2000 make Ford F30D being driven by Scoggins was traveling South and entered the wrong lane on Highway 59, striking a 1995 Ford Windstar being driven by Mrs. Gamboa. Both the jaws of life and Medflight were summoned.

Scoggins refused treatment at the scene by medics, failed the sobriety test, was handcuffed and arrested for driving under the influence of alcohol and placed in the Grove jail. He has plead guilty to manslaughter and received a 20 year suspended sentence.

Terrill Corley, a principal with Corley & Ganem, attorneys for the Gamboa family, noted that state law makes it illegal for a bar or restaurant to serve alcohol to anyone who is intoxicated.

"We talked to numerous people who observed Scoggins at the party on the Cherokee Queen," Corley said. "They told us he had been drinking steadily for four hours and was clearly intoxicated. As required by the state's Dramshop Law, David Scott Bynum, who was on duty as bartender that day, had a clear legal obligation to stop serving Scoggins, but obviously continued to do so. Now an innocent family is paying a terrible price because this law was ignored."

Mrs. Gamboa said, "our whole family has been so severely affected. My mother died unnecessarily, My husband will never be able to work again, and the doctors don't know when or to what degree my kids will recover from the injuries and trauma they received."

Corley said it may take up to a year to get this case heard in court.