Liquor Liability/Wrongful Death Claim
Passenger Killed While Traveling in a Motor Vehicle Operated by an Intoxicated Driver
Snow Law Firm Settlement: $1,000,000
Case Description
A 20-year-old woman was killed while traveling as a passenger in a motor vehicle operated by her friend. Both individuals were over-served alcoholic beverages at the Thirsty Whale. Shortly after they left the establishment, the driver lost control of her vehicle while traveling at 86 mph in a 35 mph zone and struck a large cobblestone structure on the side of the road, moving it 30 feet. At the scene of the accident, the driver was found with serious injuries, and the passenger was found non-responsive.
Legal Issues
Concerning the liability aspect of this claim, Snow Law Firm asserted that the employees of the Thirsty Whale negligently, carelessly and recklessly served the driver her last alcoholic drink at a time when she was exhibiting outward signs of intoxication, and therefore, knew or should have known that she was intoxicated.
In support of the claim, Snow Law Firm presented numerous exhibits including the Death Certificate, Funeral and Burial Invoice, Decree and Order on Petition for Formal Adjudication, Letters of Authority for Personal Representative, Affidavits, the passenger’s High School Transcripts, High School Diploma, Cosmetology Diploma and Tax Returns along with a flash drive containing surveillance video footage.
Massachusetts State Police Trooper Twitchell, who was assigned to the Bristol County District Attorney's State Police Detective Unit, responded to the accident and signed an Affidavit after completing a thorough investigation of the scene itself, obtaining toxicology analysis, conducting interviews and reviewing surveillance video footage from within the Thirsty Whale, all which detailed:
The conduct, actions, behaviors, and appearances of both the driver and passenger while they were inside the Thirsty Whale as well as multiple Thirsty Whale staff interactions with them, including service of alcohol throughout the evening.
The presence of a male Thirsty Whale manager who was near both women on multiple occasions throughout the evening and had ample opportunity to observe and assess their behavior as well as their level of intoxication.
The consumption of seven alcoholic beverages by the driver within four hours and the exhibition of obvious signs of visible intoxication at the time that Thirsty Whale staff served her the last alcoholic beverage she consumed before the motor vehicle accident.
The driver’s Blood Alcohol Content (BAC) to be .16, which is twice the legal limit in Massachusetts
Based on this information, it was reasonable to conclude that the driver’s operation of a motor vehicle while intoxicated caused the motor vehicle crash that killed the passenger and such death was or should have been foreseeable to the manager and staff at the Thirsty Whale. In addition, the Thirsty Whale staff failed to require the passenger to prove that she was of legal drinking age, or knew that she was underage, and served her alcohol, nonetheless. Such conduct was malicious, willful, wanton and reckless, constituting gross negligence, which if proven would have entitled a jury to award punitive damages.
Outcome
A settlement in the amount of $1,000,000 was awarded.
Based upon the overwhelming evidence, the driver opted to change her plea from not guilty, to guilty-Motor Vehicle Homicide OUI-Liquor and was sentenced as follows: two years House of Corrections, ninety days to serve, balance suspended for two years, first nine months GPS home monitoring with curfew, allowed to work with proper documentation, alcohol free with screens and counseling, and a fifteen year loss of license.