Drunk Driving Accident Caused By Serving Visibly Intoxicated Patron Kills Victim
A thirty-three-year-old man was killed in a car crash in Philadelphia County, Pennsylvania caused by two drunk drivers and the bars that over-served them alcohol, Chihuahua Bar and Tierra Colombiana, both on North 5thStreet in Philadelphia. The victim suffered catastrophic injuries that proved to be fatal, and an expert forensic pathologist opined that the victim suffered pre-impact fright before the collision and subsequently suffered severe conscious pain and suffering from his injuries for at least twelve hours in the hospital until he suffered a massive stroke that rendered him unconscious before he ultimately died. As a result of his death, an expert estimated that he suffered a total lifetime earning capacity loss of $1,363,211 to $1,791,702. The victim left behind a wife and three children under 10 years old.
In the hours leading up to the crash, the two drunk drivers were over-served excessive amounts of alcohol by the Philadelphia bars mentioned above: Chihuahua Bar and Tierra Colombiana. The blood alcohol level of one driver was 0.185%, while the other driver’s was 0.278%. One of the drunk drivers was killed in the crash. The other drunk driver was an underage minor. Even though he was underage, and even though he admitted that he was visibly drunk at the bar, the bartenders continued to over-serve him alcohol. Prior to trial Mr. Marciano and Mr. MacAvoy were able to obtain a favorable settlement against the bars and the drunk drivers.