Anapol Weiss Partner Miriam Barish recently obtained a $775,000 settlement on behalf of the estate of a 29-year-old man who was killed in a single motorcycle accident after being continuously served alcoholic beverages while visibly intoxicated.
To the shock of numerous eyewitnesses, the staff at a bar in Chester County Pa. continuously over served her visibly intoxicated client, and then allowed him to leave on a motorcycle despite exhibiting obvious signs of impairment. Tragically, he was later found lying motionless under the motorcycle more than twenty feet from the road; his blood alcohol content was .168 – over twice the legal limit, according to the toxicology report performed postmortem.
While nothing can change the devastating situation, Barish is proud to have obtained justice and compensation on behalf of the man’s family.
Comparative negligence was a significant issue in this case. Pursuant to Pennsylvania’s comparative negligence statute, if a plaintiff is found more than fifty percent liable for his or her own injuries, they are precluded from any recovery. Nevertheless, the bar was ultimately held responsible based on Pennsylvania law which provides that establishments that serve alcohol to a visibly intoxicated individual may be held financially responsible for the damage that person suffers.
“Liquor establishments have to act responsibly, and not keep serving patron’s alcohol who are visibly intoxicated and avoid creating a risk that the patron’s judgment is now impaired and they may not recognize they should not be driving,” Barish said. “That’s the law.”
