The lawyers for the family of Nicholas Immesberger have alleged that The Woods Jupiter has destroyed video evidence of the employee drinking at the bar for three hours — to the point of severe intoxication — prior to his fatal crash in December.
The family is suing the restaurant, owner Tiger Woods and restaurant general manager Erica Herman, who is Woods’ girlfriend, for the wrongful death of Immesberger, who had a blood alcohol reading of .256, more than three times the legal limit in Florida, when he lost control of his car, crashed it and suffered fatal injuries on Dec. 10, 2018. Immesberger was 24.
“One of the most significant issues we have here is the destruction of evidence,” attorney Spencer Kuvin said Tuesday. “Obviously it shows that somebody knew something had gone wrong and they wanted to get rid of that evidence. We have evidence to show that that videotape, showing Nick at the bar that night after he got off at 3 p.m., drinking for three hours at the bar, was destroyed shortly after the crash had occurred.
“So we have through our investigation uncovered evidence to show that the bar knew what happened, they knew about the crash that night and shortly thereafter that video evidence was destroyed and deleted off the servers they had there at The Woods.”
Immesberger was a bartender at The Woods, and the suit alleges that Woods, Herman and other employees were aware that Immesberger had a drinking problem but regularly overserved him during and after his work shifts.
“Tiger knew, or reasonably should have known, that Immesberger was habitually addicted to the use of any or all alcoholic beverages, and/or was a habitual drunkard,” the lawsuit says.
The lawsuit alleges that Woods and Herman were “drinking with him” a few nights before the fatal crash. It is unclear whether Woods or Herman were at the restaurant on Dec. 10 after they had returned home from a trip to Australia on the night of Dec. 7.
“We’re all very sad that Nick passed away,” Woods said during media availability for the PGA Championship on Tuesday. “It was a terrible night, a terrible ending, and just — we feel bad for him and his entire family. It’s very sad.”
Kuvin also said Tuesday that Herman and other restaurant employees were aware that Immesberger had wrecked another vehicle just one month before the fatal crash after being “overserved again” at The Woods.
“Erica specifically asked him to come back to work at the bar, and she was aware of his addiction and problem,” Kuvin said.