CHARLESTON, SC (WCBD) – The family of a 63-year-old man who died in a DUI crash is filing a lawsuit against Charleston bars that served the woman accused of crashing into him.

Police say Harry Gilbert was riding his bike on King Street in May when he was struck by a car that was being driven by 23-year-old Gabrielle Bennett.

Gilbert died from injuries sustained in that crash.

Bennett was arrested and initially charged with felony driving under the influence after she showed signs of impairment on a field sobriety test which was administered during the investigation into the collision.

Gilbert’s family is suing Felix Cocktails and Cuisine and King Street Dispensary for overserving Bennet.

The lawsuit claims she continued to be served despite being visibly intoxicated. It also alleges the bars allowed Bennett to get in her car and drive on the roadways drunk.

Bennett’s charges were later upgraded to felony DUI involving death and reckless vehicular homicide.

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