Latest News 2011 October Newlyweds + Friend + DUI = 3 Deaths and Bar Lawsuit

Newlyweds + Friend + DUI = 3 Deaths and Bar Lawsuit

The families left behind after the DUI-fueled death of a newlywed couple, their friend, and the drunk driver that killed them, have been awarded $15 million from a lawsuit that was lodged against the bar that continued to serve a visibly drunk person, and allowed that person to drive off.

The news has been reported from the Sun Herald, the local newspaper that covers the Gulfport area where the incident occurred.

It took four years for the case to close.  The bar is now shuttered and the waitresses, that continued to serve a drunken D.S., have since moved on. 

A "dram shop" law led to the $15 million judgment against Slippery Nick's Saloon and Bar and the bar's owner has been ordered to refrain from ever opening a lounge in Mississippi again.

The deceased were newlyweds B.D, 21, and S.D., 19, their friend, C.D., 24 and the drunken driver, D.S., 38.

One passenger in D.S.'s Mitsubishi Endeavor was critically injured after being ejected from the vehicle.

D.S.'s toxicology report showed that she had 0.119 blood alcohol content - the state of Mississippi has as 0.08 limit for driving.

The remaining heirs of the families don't believe that they will be receiving the millions awarded, as the lounge had no liability insurance.

B.D., father of the deceased B.D., said, "The lawsuit was never about the money, it was about accountability. I wanted the owner of the bar to stand up and take responsibility.  I want the public to know that the state's dram shop law holds lounge and tavern owners accountable when they serve alcohol to patrons who are visibly drunk and then allow them to get behind the wheel of a car and hurt or kill someone. Money won't bring them back, but we want to do everything we can to save the lives of others."

The centuries old word "dram" refers to the way liquor was dispensed in measurements referred to as drams.  The word stuck in reference to someone selling alcohol, calling them dram shop owners.

Attorney Mark Davis said that the dram shop law makes bar owners legally liable for any accident caused by a patron served alcohol when already visibly drunk.

Davis was prepared for trial as he had collected testimony from a lounge patron, and a former bar manager, that witnessed waitresses serving D.S. alcoholic beverages though she was clearly intoxicated.

Davis claimed, "The bar did nothing to prevent her from driving."

The accident report furthered Davis's allegations: D.S.'s vehicle speedometer was stuck on 80 m.p.h. and she was also driving without any current automobile insurance.  D.S. also was found wearing an identification bracelet that was given out to customers of Slippery Nick.

A business owner may be held responsible for a death that occurs on their property, and a drinking establishment may be held accountable for an accident that occurred off property as well.  An experienced lawyer will be well versed in the laws governing your state.  Contact a personal injury lawyer today if you are considering a wrongful death lawsuit.

Categories: Wrongful Death

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