MOUNDSVILLE -- Five individuals are suing Rosie's Roadhouse after they illegally gave alcoholic beverages to a man and then letting him leave the establishment and drive.

The Estate of Richard W. Derby, David E. Anderson, Lisa Anderson and an unknown individual were also named as defendants in the suit.

On Sept. 19, 2009, at about 3:16 a.m., Michelle Villers, Edgar L. Yoho Jr. and Crystal M. Derby were passengers in a 1992 Dodge automobile that was owned by Crystal Derby and being driven by Richard Derby on W.Va. 250 in Belton, according to a complaint filed Sept. 16 in Marshall Circuit Court.

Richard Derby was operating the vehicle illegally and unlawfully in a southernly direction while under the influence of alcohol or intoxicating liquors when he crossed the center line and crashed into a tree, according to the suit.

The plaintiffs claim the accident caused the deaths of the Derbys and serious injuries to Michelle Villers and Yoho.

Prior to the accident, Richard Derby was illegally consuming alcoholic beverages at Rosie's Roadhouse, which was owned by the Andersons, according to the suit.

The plaintiffs claim the defendants permitted Richard Derby, who was visibly intoxicated, to enter the vehicle and drive.

Crystal Derby died as a result of the defendants' negligence and was survived by her four daughters, Melissa Horner, Amanda Villers, Michelle Villers and Sarah B. Villers, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Michael A. Adams, J. Bryan Edward and Eric M. Gordon.

Marshall Circuit Court case number: 11-C-160

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