One of the most common causes of severe motor vehicle accidents is drunk driving. While we usually think of criminal charges when we think of drunk driving, there is also a personal injury component to these car accidents. In addition to suing the person that was driving drunk, a injured person may also be able to sue to the bar, tavern, or restaurant that served the alcohol under what is called "dram shop liability."
A recent jury verdict from a trial in Chester County provides a good example of a personal injury suit following a drunk driving accident. In that particular case, a man named Omar Villalava-Martinez became intoxicated while drinking at the Famous Mexican Restaurant & Bar in Coatesville, Pennsylvania, and then caused an accident severely injuring a young woman.
Before leaving the restaurant, Villalava-Martinez allegedly drank 12 beers and one shot of liquor in the span of two hours. In the ensuing car accident, Villalava-Martinez crossed the centerline and crumpled Ryan Fell's vehicle severely breaking both her legs in multiple places. Using several metal plates and 50 screws, Fell was able to keep her legs, but she still reportedly has difficulty walking and cannot run at all. Because of her severe injuries, Fell has not been able to work since the accident.
At trial, the jury found that the restaurant was liable for Fell's injuries and awarded her $6.8 million because the restaurant continued to serve alcohol to a visibility intoxicated Villalava-Martinez, who then caused the auto accident. This principle also allows the host of a party or another person that supplies alcohol to others to be held accountable if someone is later injured by a drunk driver.
Since the accident, Villalava-Martinez has been deported to Mexico and the restaurant has closed. It is unclear how much, if any, Fell will be able to collect from the jury verdict.
Related Resources:
Jury awards $6.8 million to woman injured by patron of Coatesville restaurant in DUI crash (Philadelphia Inquirer)