NJ Nightclub Overserved Man Who Struck, Killed Boy Sleeping In Car, Lawsuit Says

ATLANTIC CITY, NJ — The family mourning the loss of their 8-year-old son has filed a lawsuit claiming that an Atlantic City nightclub overserved the man the night he crashed into a parked car driving 107 mph, killing the young boy.

Last month, Edward Johnston, 26, was sentenced to 15 years in New Jersey State Prison for aggravated manslaughter, authorities announced. Now, the Velez family has filed a lawsuit against him and Tropicana Casino, claiming that the casino's Boogie Nights nightclub's workers continued to serve Johnston drinks "despite him being visibly intoxicated" and leading to the fatal crash that killed 8-year-old Javier Velez.

The initial lawsuit was filed in December of 2023; an amended lawsuit was filed last week in the wake of Johnston's sentencing.

The lawsuit also claims that video footage is missing of Johnston being served that night, and that the bartenders were not properly trained. The amended lawsuit adds one count of negligent hiring, supervision and training against Tropicana.

"It is alleged the reckless decisions of the Tropicana and Boogie Nights employees that served him represent a grave failure to protect public safety and a tragic violation of the law," a press release from the Velez family's attorney Michael T. van der Veen reads.

The release says that Johnston's blood alcohol content was more than twice the legal limit for driving at the time he left the bar and started driving.

The lawsuit claims that Tropicana is liable under the Dram Shop Act, which extends liability to businesses and individuals for injuries or deaths caused by intoxicated people.

The family seeks "both compensatory and punitive damages for the unimaginable loss of Javier, including the negligent infliction of emotional distress his father and younger brother both suffered after witnessing his death," according to the release.

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