Settlement in Berks Liquor Liability and Wrongful Death Case
Marciano Legal represented the estate of a deceased man who was killed in September 2022 when he was struck by a motorist at 8:45pm while walking in the middle of Rt 422 in Berks County. According to witnesses, the Deceased was attempting to pick up loose cash that had fallen out of a box which had been on the roof of his car.
Marciano Legal’s investigation revealed that prior to his death, the Deceased had made an illegal U-turn and parked his vehicle on the side of 422, leaving a passenger inside. He then walked on to 422 and began looking around for money. He was killed instantly by another driver who told police she didn’t see him in the roadway due to the dark clothing he was wearing.
Marciano Legal then developed information which confirmed that, immediately preceding his death, the Deceased had been drinking at a local VFW for several hours. Witnesses who had also been at the VFW that evening confirmed the Decedent was acting loud and boisterous at the VFW and slurring his words. However, despite showing outward signs of intoxication, he was continuously served alcohol. Police reports also indicated that responding officers detected a strong odor of alcohol on the Deceased while rendering first aid.
Attorneys Kevin Marciano and Joshua Tebay pursued not only the defendant-driver, but also the VFW for continuing to provide the Deceased alcohol despite his obvious intoxication. Marciano and Tebay were able to secure a settlement for the Deceased’s family prior to going to trial.
