Wrongful death lawsuit filed against Asheville bar, driver after fatal wrong-way crash

Nearly two years after a wrong-way crash claimed the life of a 21-year-old Durham man, his parents have filed a wrongful death lawsuit against a downtown Asheville bar, alleging it illegally served alcohol to a woman who was already intoxicated before the deadly collision. Lori Hudson and Anthony Henshaw, the parents of Caleb Hudson Henshaw, who died in the crash, filed the lawsuit against The Bier Garden and Eden Alexis Jo Russo. According to the complaint, Russo was served alcohol at The Bier Garden on Sept. 8, 2024, despite allegedly already being impaired. The lawsuit claims she then left the bar, drove the wrong way on Interstate 40, sideswiped two vehicles near mile marker 43, before colliding head-on with Henshaw's vehicle, killing him. The complaint alleges Russo was traveling about 75 miles per hour at the time of the crash. The lawsuit also alleges Russo refused a breathalyzer test at the scene. Officers later determined that her blood alcohol concentration measured 0.27, more than three times the legal limit. In addition to alleging Russo was overserved the night of the crash, the lawsuit claims she was a former employee and regular customer of The Bier Garden, was well known to staff and had allegedly been overserved on previous occasions. The complaint also alleges Russo's driver's license was revoked at the time of the crash and that the bar failed to adequately train employees to recognize intoxicated patrons and prevent them from driving. In 2025, Russo was charged with second-degree murder in connection with Henshaw's death. In a response to the lawsuit, Russo denies she was overserved at The Bier Garden and denies she was driving the vehicle involved in the crash. According to the lawsuit, more than a year after the collision, Russo claimed for the first time that another person, identified as Francis Ryan, was driving her vehicle. The lawsuit surrounds North Carolina's Dram Shop Law, which can hold businesses liable if they knowingly serve alcohol to someone who is already intoxicated and that person later causes injury or death. "If somebody comes into your bar and you serve them knowingly that they're impaired and someone goes out and gets in the car and someone gets killed or hurt, you could be held responsible for that," said Asheville personal injury attorney Mark Ellison, who is not involved in the case. Ellison said dram shop lawsuits have become more common, and the financial consequences can be significant if a business is found liable. DRIVER CHARGED AFTER DURHAM MAN DIES IN WRONG-WAY CRASH "It could be substantial," Ellison said. "I've seen them for $5 million, $10 million. It could be very serious. It could close your business down." Attorney Coleman Cowan, who represents Henshaw's parents, said the family's goal is to seek accountability. "To hold accountable those responsible for Caleb's senseless killing and to do what they can to make sure no one has to experience what happened to Caleb and the friends and family he left behind," Cowan said. Cowan said the family is seeking the full extent of damages allowed under North Carolina law, with the amount to be determined by a Buncombe County jury. "The full extent of damages allowed by law, which will ultimately be up to a Buncombe County jury to weigh the evidence of what happened in the hours leading up to the collision and decide a fair and reasonable amount of damages for Caleb's death," Cowan said. TROOPERS CONTINUE FATAL WRONG-WAY WRECK INVESTIGATION Responding to Russo's denial of liability, Cowan said he believes the evidence will support the family's claims. "Ms. Russo has denied any responsibility for the collision, which killed Caleb. We believe the evidence will prove she is responsible for Caleb's death," Cowan said. The Bier Garden denies serving Russo alcohol while she was impaired. An attorney representing the bar declined to comment. News 13 reached out to Russo's attorney for comment, but did not receive a response.