Owen & Harrison v. Cory Thompson, Causbies Sports Bar, and Buffalo Wild Wings, Cape Girardeau County Missouri, 16CG-00125. Total Settlement before trial = $2,050,000.00.
The drunk driver clearly caused a wrongful death truck crash. The difficult part was proving that the two bars that the driver was at before the crash were responsible for the deaths.
Under Missouri personal injury law, a bar or restaurant is responsible for injury or death caused by a drunk driver that leaves their bar. The law requires that the plaintiff shows the bar or restaurant served the drunk driver while they were was “visibly intoxicated”. Visible intoxication can be shown in many ways. Generally, toxicologists can estimate the blood-alcohol content at the time the drunk driver was served at the bar based on a blood-alcohol content measured hours later. Additionally, video, employees of the bar, patrons, and other witnesses can help shed light on the level of intoxication of the drunk driver when they were serve alcohol at the bar or restaurant.
These types of cases require expert legal analysis and thorough investigation into the bar or restaurants policies, procedures, and training of employees regarding serving alcohol to patrons. Moreover, computer systems that often track patron orders and video monitoring systems must be examined quickly before the digital evidence is destroyed.
Bottom line, if you or a family member have suffered an injury as a result of a drunk driver it is very possible that the bar restaurant that helped that driver become a drunk driver is responsible as well.
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