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Tiger Woods' lawyers say bartender in lawsuit stole alcohol and was high on weed before fatal crash

MELBOURNE, AUSTRALIA - DECEMBER 06:  Tiger Woods and his girlfriend Erica Herman look on during a Presidents Cup media opportunity at the Yarra Promenade on December 5, 2018 in Melbourne, Australia. The Presidents Cup 2019 will be held on December 9-15, 2019, when it returns to the prestigious Royal Melbourne Golf Club in Australia.  (Photo by Scott Barbour/Getty Images)
Tiger Woods has been dismissed as a defendant. A motion to dismiss his girlfriend Erica Herman (right) is still pending. (Photo by Scott Barbour/Getty Images)

Nicholas Immesberger, whose death is the subject of a wrongful death lawsuit against Tiger Woods’ girlfriend and restaurant, was intoxicated only after ingesting marijuana and taking alcohol without paying, according to documents filed by Woods’ attorneys and obtained by Golfweek.

Immesberger’s family have alleged that the 24-year-old was overserved after a shift at The Woods, a restaurant owned by Woods and run by his girlfriend Erica Herman. Immesberger later died after his car flew off a highway. His reported blood alcohol level: .256.

Woods was previously listed as a defendant in the lawsuit alongside Herman and the restaurant, but has since been dismissed.

Florida law states that bar owners may be held liable if their establishment “knowingly serves a person habitually addicted to the use of any or all alcoholic beverages.”, which the lawsuit alleges.

Tiger Woods’ attorneys make new claims

Per a series of answers provided by Herman and The Woods through their attorneys to Immesberger’s team and obtained by Golfweek, the local Medical Examiner’s Office determined that Immesberger had a Delta-9-THC level of 13.3 ng/mL when he died.

Additionally, Woods’ legal team reportedly alleged that Immesberger used his job as a bartender to take alcohol without paying for it, violating the restaurant’s policy. The lawyers claimed that Herman and The Woods should not be liable for over serving Immesberger because of this.

Surveillance tape from the day in question has also reportedly come up in the legal battle, as it has been reportedly destroyed. Immesberger’s lawyers have previously claimed that Woods’ team purposefully destroyed the tapes to prevent them from becoming evidence.

Now, Woods’ team is apparently saying that they did not receive a request to preserve the tapes until Feb. 19, more than two months after Immesberger died on Dec. 10 crash and one month after Immesberger’s team began investigating on Jan. 8. They claimed that the video “would definitely show” that Immesberger was “not served alcohol by the defendants.”

Woods’ team also reportedly countered that Immesberger’s family did nothing to prevent the car in question from being scrapped. The team has filed a motion to dismiss Herman from the lawsuit and mediation is set for Oct. 29.

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