Tavern Found Liability For Damages Under Dram Shop Law
Posted on Nov 25, 2009 2:55pm PST
A bar in Eldred, Illinois has been found liable under Illinois' dram shop laws for the death of a teenager who died in a
DUI accident.
Thirsty's Tavern was ordered to pay $500,000 to the family of 19-year-old Jerica Klocke. However, due to a cap on damages, the award will be closer $100,000.
Klocke was killed in a
motorcycle accident along with the driver of the motorcycle, 24-year-old Donald Adcock.
Klocke's family claims that Adcock consumed alcohol at Thirsty's Tavern and Bawana's Nutwood Tavern and became intoxicated, which contributed to her death. According to the Klocke's attorney, Mike Glisson, a friend had arranged for Klocke to ride on the motorcycle driven by Adcock. Witnesses claim that Adcock did not appear intoxicated, but tests indicated he had a blood alcohol concentration of .15 percent at the time of his death, nearly the twice the legal limit.
No alcohol was found in Klocke's system.
A toxicologist testified that with a BAC of .15 percent, Adcock's depth perception, balance, and reasoning would have been affected.
The Klocke family was awarded $500,000 for loss of relationship and $49,954.11 for medical and funeral bills.
Bawana's Nutwood Tavern was cleared of liability. Glisson is not sure why Bawana's was not found liable, but thinks it's because Adcock spent more time at Thirsty's Tavern.
Thirsty's Tavern is owned by Adcock and his father Roger.
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