Karen Read, a Massachusetts woman whose murder trial for the death of her boyfriend, Boston police officer John O’Keefe, ended in a hung jury earlier this year, now faces a civil lawsuit from O’Keefe’s family. The suit, filed in Plymouth County Superior Court, also targets two bars—C.F. McCarthy’s and Waterfall Bar & Grille—alleging their negligence contributed to O’Keefe’s death by serving Read alcohol despite obvious signs of intoxication.

The lawsuit claims that on January 28, 2022, Read and O’Keefe had been drinking at the two bars before Read allegedly struck O’Keefe with her Lexus SUV, leaving him to die outside a Canton, Massachusetts home. According to the complaint, Read consumed several alcoholic beverages over a short period: seven drinks in approximately 90 minutes at C.F. McCarthy’s, and a shot and a mixed drink within an hour at Waterfall Bar & Grille. The lawsuit argues that the bars violated Massachusetts’ “dram shop” laws, which prohibit the sale of alcohol to visibly intoxicated individuals. These laws are designed to prevent harm to third parties caused by an intoxicated person, and a violation can result in civil liability for damages caused by that person.

The civil suit alleges that after leaving the second bar, Read drove O’Keefe to a house in Canton, where a former Boston police officer was hosting a gathering. The family claims that Read, who had been arguing with O’Keefe, struck him with her vehicle after he exited. O’Keefe’s body was later found in the snow, and an autopsy determined the cause of death as hypothermia and blunt force trauma. However, Read’s defense attorneys have consistently maintained her innocence, asserting that she did not hit O’Keefe and that he was instead beaten inside the house and left outside to die. They allege a cover-up by law enforcement officers to frame her.

The criminal case against Read has been fraught with complications. She was charged with second-degree murder, motor vehicle manslaughter while driving under the influence, and leaving the scene of a fatal accident. Her first trial, which ended in July, was declared a mistrial after five days of jury deliberations without a unanimous verdict. Read’s lawyers have contended that four jurors had reached not guilty verdicts on two of the charges: second-degree murder and leaving the scene of a collision. However, the jury remained deadlocked on the manslaughter charge, prompting the prosecution to seek a retrial, scheduled for January 27, 2025.

The civil lawsuit filed by O’Keefe’s family accuses Read not only of wrongful death but also of negligent infliction of emotional distress, asserting that she knew she had struck O’Keefe and deliberately left him outside without seeking help. Under Massachusetts law, a wrongful death claim can arise when a person or entity’s negligence or misconduct results in someone’s death. To succeed in such a lawsuit, the plaintiff must prove that the defendants’ actions directly caused or contributed to the death.

Even if she is found not guilty in the criminal retrial, a civil court could still determine her liable under a lower burden of proof—“preponderance of the evidence,” rather than “beyond a reasonable doubt.” In civil court, the standard for proving someone's liability is lower than in a criminal court. In a criminal trial, the prosecution must prove the defendant's guilt "beyond a reasonable doubt" and the jury must be almost certain the defendant committed the crime before convicting them. In a civil trial, like the wrongful death lawsuit against Karen Read, the standard is "preponderance of the evidence." Therefore, the plaintiff only needs to show that it is more likely than not (just over 50% likely) that the defendant is responsible for the harm. So, even if Karen Read is found not guilty in the criminal retrial due to the higher burden of proof, a civil court could still find her liable for damages because the standard of proof in civil cases is less stringent.

The lawsuit is pursuing at least $50,000 in compensation for "conscious pain and suffering, fear of impending death, wrongful death, lost value to next of kin, severe and profound emotional distress manifesting in bodily symptoms, and other compensable damages."