A lawsuit filed Friday in Carroll County District Court by the husband of a woman killed in a fatal car accident claims a Carroll restaurant is liable for her death. The petition, brought by Billy Gene Carrick, asserts Rancho Grande acted negligently in the May 2017 death of 57-year-old Linda Smith, of Coon Rapids. According to the filing, Smith was at the restaurant for lunch and was served alcohol to the point of intoxication. She later died from injuries sustained in a collision on Highway 71 about five miles south of Carroll. An autopsy later showed Smith’s blood alcohol content (BAC) at the time of her death was .203. Carrick and the Smith Estate are seeking damages for the loss of life, past and future income and funeral and burial expenses. Corie Walsh, a woman injured in that fatal accident, also filed a separate petition in early March against Rancho Grande. Under Iowa’s Dramshop law, businesses that serve alcohol to a patron resulting in intoxication are liable for damages caused by the customer.
