After reckless homicide conviction, driver in deadly Lexington crash still faces lawsuit
For his involvement in a deadly Lexington crash two years ago, Matthew Starling could’ve faced a harsher penalty than what he got Thursday evening when a jury convicted him of reckless homicide and DUI, and recommended he serve one year in prison.
But Starling still faces a wrongful death lawsuit brought by the widow of Daezon Morgan, the 25-year-old victim of the deadly crash.
Morgan’s spouse, Sondra Morgan, is looking to hold Starling financially responsible for the loss she and her family suffered when Daezon Morgan was killed. Acting as the administrix of her husband’s estate, she filed a wrongful death lawsuit against Starling in 2020. In 2021, she added Goodfellas as a defendant, alleging that the restaurant over-served Starling alcohol before the deadly crash.
The civil case is still pending, and Morgan’s attorney told the Herald-Leader Thursday that it’s still in its “early stages.” But the conclusion of Starling’s criminal trial should speed up the case.
“It hasn’t proceeded as quickly as you typically would expect or it hasn’t proceeded as expeditiously as it would if you didn’t have the criminal case out there,” said David Guarnieri, who’s representing Morgan.
While a ruling in favor of the Morgans would not subject Starling to additional prison time, it could hold him financially liable for losses that were caused by Morgan’s death.
“If we can hold those responsible accountable in addition to the criminal justice system, that would certainly be one goal and objective of the civil case,” Guarnieri said.
Morgan was married with children and served as a mentor and youth sports coach, Guarnieri said.
“A lot of people loved him and a lot of people counted on him, so the civil case is really about that loss,” Guarnieri said.
Sondra Morgan’s lawsuit accuses Starling of causing Daezon Morgan’s death by negligent and wrongful acts. The lawsuit alleges that the death caused Sondra Morgan and the couple’s daughter to lose “services, aid, society, comfort and companionship” and says they are entitled to compensatory damages due to those losses.
In August this year, the mother of one of Daezon Morgan’s other children joined the lawsuit on her son’s behalf, alleging that her son also suffered the loss of “services, aid, society, companionship and other services a father provides.”
When adding Goodfellas to the lawsuit, Morgan and her attorneys alleged that Goodfellas was responsible because employees at the Manchester Street location “provided alcohol to (Starling) in a quantity and within a frame of time that they knew or should have known was excessive and unreasonable, and continued to do so even after it would have been apparent to a reasonable person under the same or similar circumstances that he was already intoxicated.”
Starling’s attorney didn’t immediately respond to requests for comment Friday but previously wrote in court records that Starling denies being responsible for the deadly crash and asked a court to dismiss the lawsuit. Goodfellas has also asked for the lawsuit to be dismissed.
Leslie P. Vose, an attorney representing Goodfellas, said in a legal reply to the lawsuit that Goodfellas shouldn’t be held responsible for the accident and cited a Kentucky law that holds alcohol consumers, not sellers, responsible for injury caused by someone’s intoxication.
The state law, KRS 413.241, says “the intoxicated person shall be primarily liable with respect to injuries suffered by third persons.”
Guarnieri said it’d be “too speculative” at this point to discuss what amount a jury may award if the case ends in Sondra Morgan’s favor.