Drunk Driving & Illegal Service of Alcohol to Visibly Intoxicated Patron
A twenty-five-year-old man was seriously injured in a car crash in Philadelphia County, Pennsylvania caused by a drunk driver and the neighborhood bar that over-served him alcohol, the Post Office Cafe. The victim suffered catastrophic injuries including the following: right knee open tibia-fibula fracture status multiple surgeries with persistent symptoms; right tibial plafond fracture status post open reduction internal fixation with persistent symptoms; fracture of the right heel and ankle; left bimalleolar ankle fracture; left knee burn status post multiple surgeries along with skin graft with persistent symptoms; right hand laceration; and multiple scars. The victim’s injuries were so traumatic that he was hospitalized for one month and was virtually bedridden for at least six months and underwent extensive physical therapy. He remains significantly impaired and continues to undergo pain management. Due to the permanent nature of his injuries, the victim will never return to full-time work as a laborer. As a result, an expert estimated that he suffered a total economic loss of $1,077,586 to $3,501,191.
In the hours leading up to the crash, the drunk driver drank at least eighteen alcoholic drinks at the Post Office Cafe, including beer and shots. The drunk driver had a blood alcohol content of 0.2137%, more than two-and-a-half times the legal limit for driving. Even though he admitted that he was visibly drunk and to the point of being “blacked out” at the bar, the bartenders continued to serve him alcohol and even belittled him for not drinking a shot when he had his head down on the bar. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the bar and the drunk driver