Tiger Woods has subpoenaed all medical, school and pharmacy records of his restaurant employee whose family has sued the golfer for wrongful death in a DUI crash, DailyMail.com can reveal.
Nicholas Immesberger, 24, was a bartender at Woods’ Jupiter, Florida, restaurant The Woods and died in December 2018 in a drunk-driving incident hours after his shift ended.
His family filed a lawsuit against Woods earlier this month alleging that Immesberger drank for three hours at The Woods after his shift ended and then was allowed to drive. They say that the golfer and his girlfriend Erica Herman had been aware of his struggles with alcohol but continued to let him drink at the restaurant.
Court documents obtained by DailyMail.com show that Woods is now seeking all of Immesberger’s records from Berean Christian School, including grades, health records, teacher comments, physical exams, disciplinary reports, awards and other information.
Woods has also subpoenaed Immesberger’s pharmacy records from January 2017 to December 2018 from Publix, Walmart, Walgreens and CVS pharmacies as well as his medical, psychiatric and counseling records from the last 10 years.
Tiger Woods (left) has subpoenaed the records of Nicholas Immesberger, 24, a bartender who worked at Woods’ restaurant and died after he lost control of his car while traveling at more than 100 mph on a road with 55 mph speed limits on December 10, 2018
Immesberger was reportedly drinking at The Wood’s restaurant (pictured) for three hours after finishing his shift on the night of his death, and was then allowed to drive himself home. A toxicology report reveals he had a high level of alcohol in his blood and traces of the cannabis component THC
A crash report obtained by DailyMail.com earlier this month revealed Immesberger had traces of the cannabis component THC in his blood as well as alcohol, causing him to be ‘impaired at the time of the traffic crash.’
The report notes that the cause of death was ‘multiple blunt trauma injuries and the manner of death was an accident.’
At the time of his death, Immesberger had a blood alcohol level of 0.256, which is more than three times the legal limit of below 0.08 in Florida.
His toxicology report also tested positive for cannabinoids, with a THC level of 13.3 ng/ml.
The report was carried out by an investigating officer from Florida Highway Patrol and identifies Nicholas Immesberger as ‘D-1.’
It concludes: ‘D-1’s careless operation of VO1 [his vehicle], while being impaired, was the causation of the traffic crash, which caused damage to VO1, the damage to the sign and the trailer, and his own death.’
Immesberger was reportedly drinking at the restaurant for three hours after finishing his shift on the day he died, and then tried to drive himself home in his 1999 Chevrolet Corvette.
These are the court documents obtained by DailyMail.com which reveal Tiger Woods has subpoenaed Nicholas Immersberger’s pharmacy records from January 2017 to December 2018 as well as his school records from Berean Christian School in Florida and medical records from the last 10 years
He lost control of the vehicle around 6 pm, swerving across three lanes before his car flew through the air and crashed into the grass along Federal Highway in Port Salerno, according to the Palm Beach Post.
Spencer Kuvin, the family’s lawyer, claimed there had been surveillance footage of Immesberger drinking extensively on the night of the crash, but claims that the restaurant destroyed it.
‘They fueled his addiction with more alcohol instead of help,’ Kuvin said during a press conference, according to the New York Daily News.
However a source close to Woods told DailyMail.com that the the lawsuit filed against Tiger Woods, his girlfriend and his restaurant in Jupiter, is riddled with lies that are already being investigated by the attorneys for Masters champion.
Contrary to claims by his family, the source said that Immesberger did not drink at Tiger’s restaurant before driving away.
The lawsuit filed in Palm Beach County claims someone at The Woods ‘over-served (Immesberger) alcohol to the point of severe intoxication and then sent him to his car to drive home.’
That, the source said, couldn’t be further from the truth.
Immesberger’ family filed a wrongful death lawsuit against Woods after the 24-year-old was reportedly drinking at the restaurant after finishing his shift on the day he died, and then tried to drive himself home in his 1999 Chevrolet Corvette
A graphic taken from the traffic crash report by Florida Highway Patrol shows the point where Immesberger lost control of the vehicle around 6 pm, swerving across three lanes before his car flew through the air and crashed into the grass along Federal Highway in Port Salerno
The traffic crash report notes that Immesberger’s cause of death was ‘multiple blunt trauma injuries and the manner of death was an accident’. It states that Immesberger had traces of THC in his system, as well as a blood alcohol level of .256, more than 3 times the legal limit of below .08
‘We have already secured the testimonies of the restaurant manager on that day as well as two of the plaintiff’s co-workers who saw him leave at 3pm, a few minutes after his shift ended,’ the source told DailyMail.com.
‘At 3pm, Mr. Immesberger talked to the witnesses then left. He didn’t appear drunk or impaired in any way.
‘Since the accident occurred about 6pm, there is a three-hour span when Mr. Immesberger was drinking heavily. And it wasn’t at The Woods.’
The source said several investigators with Woods’ insurance company have been working 10 hours a day to figure out Immesberger’s whereabouts between 3 pm and 6 pm that afternoon.
‘The guy was hammered,’ the source says, ‘and he looked totally normal at The Woods three hours earlier.
‘If he had been drinking at The Woods, he wouldn’t have been that impaired by 6 pm.’
The source pointed out security cameras at The Woods captured footage of Immesberger leaving at 3pm. The system, however, overrides existing footage after a month for up-to-date images.
‘By the time we got the demand letter from Mr. Immesberger’s lawyer, the footage of him working that day had been erased automatically,’ the source said.
Responding to the allegations, Spencer Kuvin told DailyMail.com: ‘That’s a lie. He (Immesberger) sat at the bar for three hours drinking before he left and crashed his car.
‘We have spoken with numerous eyewitnesses to confirm this is what happened. If they (The Woods) had kept the surveillance video, it would have proven that.’
While Woods was not at the restaurant the night that Immesberger died, the bartender’s family claims both he and his girlfriend Erica Herman (pictured together) knew him personally and were aware he had a drinking problem
Staff at the restaurant were aware that Immesberger had been attending AA meetings but still continued to serve him alcohol while he was working, the lawsuit claims
The complaint filed in Palm Beach County by Immesberger’s parents names Woods, Herman, who managed the establishment, and the restaurant itself as defendants. Pictured are Immesberger’s stepfather John Belowsky Sr and mother Katie Belowsky
Woods broke his silence about the case at a PGA Championship press conference earlier this month.
‘We’re all very sad that Nick passed away,’ Woods told reporters. ‘It was a terrible, terrible night, a terrible ending. We feel bad for him and his entire family. It’s very sad.’
While Woods was not at the restaurant the night that Immesberger died, Kuvin said he and Herman had been at the bar with Immesberger while he was drinking just a few nights before the crash.
The lawsuit claims that staff at The Woods Staff knew Immesberger had been attending Alcohol Anonymous meetings but still continued to serve him alcohol while he was working, as well as after his shifts while he sat at the bar.
Woods has also subpoenaed records that prove Immesberger attended AA meetings.
‘Just like [Woods] ignored his own problems for years, he and his girlfriend chose to ignore this problem that their own employee had,’ Kuvin said.
Woods was arrested for a DUI in 2017 after he was found sleeping in his car with the engine running around 3am.
The legendary golfer later revealed he had been mixing prescription drugs to treat his bad back and insomnia. He pleaded guilty to reckless driving and entered a diversion program.
A toxicology report showed Woods had Vicodin, Dilaudid, Xanax, Ambien and THC in his system. The golfer was previously treated for a sex addiction.
Woods offered his condolences to Nicholas’ family during a press conference before the PGA Championship on May 14. Immesberger’s family alleges that Woods and Herman were aware or ‘reasonably should have known’ of their bartender’s tendency to over-consume alcohol as a ‘habitual drunkard’
The complaint filed in Palm Beach County states that Woods ‘was directly responsible for ensuring that his employees and management were not over serving its employees/customers’.
Immesberger was recruited to work at the restaurant by Herman. His family alleges that Woods and Herman were aware or ‘reasonably should have known’ of their bartender’s tendency to over-consume alcohol as a ‘habitual drunkard’.
The lawsuit seeks more than $15,000 in medical and funeral expenses, as well as other ‘appropriate damage’.
A copy of a citation obtained by DailyMail.com shows Immesberger had been cited for speeding and failure to produce a drivers license on December 4, 2018, just six days before he died.