A Brazos County, Texas jury has awarded $131 million to a former Texas A&M student who was drugged and sexually assaulted in 2017 by the general manager of a College Station bar. The verdict, returned on April 23, 2026 after roughly two hours of deliberation, includes $31 million in compensatory damages and $100 million in exemplary (punitive) damages, split evenly between the individual assailant and the bar itself. The plaintiff, who chose to be identified publicly by her first name, Bethany, was represented at trial by Brian Butcher of Noteboom, The Law Firm. The jury found David Hammond, who was general manager of the Foundation Lounge in College Station's Northgate entertainment district, liable for assault and sexual assault, and found the bar liable for its negligent supervision, retention, and training of Hammond.
Case at a Glance
- Verdict: $131,000,000
- Compensatory Damages: $31,000,000
- Exemplary Damages: $100,000,000 ($50M against Hammond, $50M against the Foundation Lounge)
- Case Type: Sexual Assault / Premises Liability / Negligent Supervision
- Court: Brazos County, Texas (civil trial court)
- Verdict Date: April 23, 2026
- Plaintiff: Bethany (first name only, by her consent)
- Defendants: David Hammond; Foundation Lounge
- Plaintiff Attorney: Brian Butcher, Noteboom, The Law Firm (Fort Worth)
- Jury Deliberation: Just over two hours
What Did the Jury Find?
Bethany was 21 years old and a Texas A&M senior in August 2017 when she accompanied a friend who was applying for a bartending job at the Foundation Lounge. According to the lawsuit, Hammond kept the two women at the bar after closing, offered the friend a job, and poured each of them a shot from an unmarked bottle. Bethany told the jury she has no memory of anything after taking the shot, and that she woke up naked in a hotel room next to Hammond. The jury credited that account, finding that Hammond drugged Bethany and "raped her when she lacked capacity to consent."
The compensatory portion of the verdict, $31 million, was awarded for past and future mental anguish, past and future physical impairment, and past physical pain. The exemplary award was split into two equal $50 million components, one against Hammond personally and one against the bar.
Why the Bar Was on the Hook
The legal centerpiece of the case was not the assault itself but the bar's conduct. Plaintiff's counsel framed the case as a negligent supervision and retention matter, arguing that Foundation Lounge management ignored warning signs about Hammond's behavior toward women on its premises.
A key piece of evidence, according to Butcher, was that approximately six months before the attack on Bethany, Hammond had been accused of sexual assault against an employee of the same bar. "A key piece of evidence that the jury heard in our case was that six months prior to the drugging and rape in our case, David Hammond was accused of sexual assault against an employee of the bar," Butcher said. The jury also found that Hammond functioned as a "vice-principal" of the Foundation Lounge. That is a Texas legal designation, allowing a corporation to be held responsible for the conduct of an employee who acts with managerial authority. The finding exposes the corporate defendant to punitive damages tied to that employee's conduct.
An 8-Year Path to Civil Justice
The civil verdict arrived more than eight years after Bethany first reported the assault to College Station police. According to her trial counsel, the local district attorney concluded at the time that there was insufficient evidence to pursue criminal charges, and the case was placed on inactive status. Bethany testified that she followed up for years to obtain her sexual assault kit results, and that the silence from the criminal system was one of the hardest parts of the experience.
In the wake of the civil verdict, Butcher said he has now spoken with the Brazos County district attorney's office about the possibility of reopening the criminal investigation. "When the verdict was read aloud in court, it was an intensely emotional experience, not just for Bethany, but also for everybody in the courtroom," Butcher said. "Many of the jurors left the jury box and came and gave her hugs and told her that they were with her, and that meant an awful lot."
What the Verdict Signals for Texas Bars
Butcher has acknowledged publicly that collection on a verdict of this size is unlikely, because the Foundation Lounge is no longer in business and the available non-exempt assets are limited. He has said the trial team intends to pursue every collectible asset, but that the larger value of the verdict is in the finding itself, not the dollar figure. The size of the punitive award also sends a market signal to bars, nightclubs, and other licensed premises across the state. A jury was willing to assign $50 million in exemplary damages to a venue that retained a manager after a prior internal sexual assault accusation, and it did so in roughly two hours. The result will sit alongside other notable Texas plaintiff verdicts as a reference point for future negligent supervision claims against licensed premises.
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Frequently Asked Questions
Q: How can a bar be held liable for a criminal act committed by one of its managers?
Under Texas premises liability and negligent supervision law, a business that knew or should have known about a foreseeable danger on its premises can be held civilly liable for injuries that result. The danger can include the propensity of an employee to harm patrons. In this case, the jury was presented with evidence that Hammond had been accused of sexual assault by another bar employee approximately six months before the attack on Bethany, which supported a finding that the bar was negligent in continuing to employ him in a managerial role and in failing to supervise his conduct on the premises.
Q: What is the difference between this civil verdict and a criminal conviction?
A criminal case is brought by the state and requires proof beyond a reasonable doubt to result in incarceration or other criminal penalties. A civil case is brought by the injured party and requires proof by a preponderance of the evidence, meaning more likely than not, with the remedy being a monetary award. In this matter, the criminal case was placed on inactive status years ago, but the civil jury was free to find liability and award damages based on the lower civil standard. Plaintiff's counsel has indicated he is now in contact with the district attorney about whether the criminal case may be reopened in light of the civil findings.
Q: Will the plaintiff actually collect $131 million?
According to trial counsel, full collection is not realistic because the Foundation Lounge is no longer in business and the individual defendant's collectible assets are limited. The plaintiff's team has stated the goal is to pursue every non-exempt asset available. The practical importance of the verdict is the public finding of liability against both the assailant and the bar that employed him, and the precedent it establishes for future negligent supervision claims against Texas licensed premises.
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