Prejudgment of $250k Held Against Lounge in Dram Shop Lawsuit
by
Joseph C. Maya on Apr. 10, 2017
Accident & Injury Accident & Injury Car Accident Criminal DUI-DWI
Summary: Blog post about a judgment of damages against the alcohol permittee of a sports lounge in a drunk driving case.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
Probable cause for prejudgment remedy against permittee in Dram Shop Act, Conn. Gen. Stat. § 30-102, action was established by evidence that drivers of cars involved in accident had been drinking at permittee's lounge just before accident, that they had elevated blood alcohol levels of.10 and.08, and that witness observed questionable driving. Plaintiff, the administratrix of a decedent's estate, filed an application for a prejudgment remedy against defendant, the alcohol permittee of a sports lounge. Plaintiff sought the remedy with regard to her claim against the permittee under the Dram Shop Act, Conn. Gen. Stat. § 30-102. Plaintiff's decedent had been a passenger in a car involved in a fatal accident. A probable cause hearing was conducted.
Based on the evidence presented at the hearing it could reasonably be inferred that defendants, the deceased driver of the vehicle that plaintiff's decedent was in and the driver of the other vehicle involved in the accident, had been served alcoholic beverages at the lounge over a two and a half hour period and that some portion of those beverages were served to them while they were intoxicated. The accident occurred shortly after plaintiff's decedent and the other two left the lounge. The deceased driver was drinking up to the time she left the lounge and had a blood alcohol level of.10. The other driver's blood alcohol level was at least.08. A witness who observed the two vehicles at a red light just before the accident suggested that both drivers were acting under impaired judgment in the operation of their vehicles. An accident reconstruction team determined that the vehicle plaintiff's decedent was in was traveling at a speed of 77 mph at the time of impact with the other vehicle. Those facts established the requisite probable cause for a prejudgment remedy. The court granted the application for a prejudgment remedy and ordered an attachment of the real property where the lounge was operated in the amount of $250,000.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Daniel v. Coba Inv. Group, 2008 Conn. Super. LEXIS 1308 (May 16, 2008)
