By Susy Solis, CBS 11 News

Abdallah Khader (Photo courtesy Khader family)

FORT WORTH (CBSDFW.COM)- Applebee’s has reached a settlement in a civil lawsuit filed by the family of Abdallah Khader against the corporation seeking $10 million.

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Abdallah, now six years old, needs round-the-clock care after he suffered damage to 80% of his brain when Stewart Richardson allegedly rear-ended the family car as they sat at a red light in Arlington.

Police said tests showed Richardson had a blood alcohol level more than three times the legal limit.

Loubna Elhazarin and Fahad Khader, Abdallah’s parents, filed the lawsuit seeking over $10 million for care of Abdallah’s physical needs, loss of earnings, past medical expenses, mental anguish, and pain and suffering.

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Their attorney, Charla Aldous, believes Richardson was served too much alcohol at a Mansfield Applebee’s and left intoxicated before rear-ending the family.

The amount they settled for is undisclosed,  Aldous said the family will now be able to get a specially equipped van and a nurse to help with Abdallah’s constant care.

Stewart Richardson’s criminal trial has been put on hold due to appeals.

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Richardson had previously been convicted of seven DWI’s in other states but a judge ruled those convictions would only be permissible in Tarrant County courts as misdemeanors instead of felonies. Had they been seen as felonies, prosecutors would have been able to seek a life sentence. The family is appealing the judge’s ruling.