Man Who Lost Leg in Drunk Driving Accident Sues Driver and Bar That Served Him
A recent article about an unusual drunk driving lawsuit caught the eyes of our Miami auto accident lawyers. Andrew Hall of Pinellas County lost his left leg when drunk driver Joshua West jumped a curb and struck Hall as he stood outside his own apartment building. The St. Petersburg Times reported April 13 that Hall is suing West, now 25, over the April 2009 accident, but he is also suing Shepherd’s Beach Resort, a bar in Clearwater Beach, for allegedly serving West even though they knew West was “habitually addicted” to alcohol. West has already pleaded guilty to DUI causing serious bodily injury and leaving the scene of an accident. Hall, now 20, is confined to a wheelchair but hopes to use an artificial leg to walk again, a skill he struggled to gain as a child with cerebral palsy.
Hall’s lawsuit alleges that Shepherd’s Beach Resort over-served West on the night of the accident. Hall’s Florida drunk driving attorney says the bar ejected West for being grossly intoxicated, in fact. He also claims that employees of Shepherd’s helped West to his car, giving them actual knowledge that he was driving. It is not disputed that shortly after he left, West reached speeds of 90 mph before becoming airborne and hitting Hall, then fleeing. Police found West a short distance away. Hall suffered multiple serious injuries, including a shattered pelvis as well as the severed leg, and was not originally expected to survive. Three hours after the crash, West’s blood-alcohol content was measured at 0.188, more than twice the legal limit in Florida.
As West Palm Beach car crash attorneys, we know lawsuits against bars that serve drunk drivers can be controversial. Like many other states, Florida has a “dram shop” law allowing injured people to hold alcohol-serving establishments legally liable for accidents. In Florida, bars and restaurants are liable only if they “willfully” served a minor or someone who is “habitually addicted” to alcohol. (Other states set lower standards, holding businesses responsible for serving an obviously drunk person.) Habitual addiction may be difficult to prove, but in this case, Hall also alleges that Shepherd’s employees knew West was driving and even helped him into his vehicle, presumably because he was too drunk to make it on his own. If true, those allegations would make a very strong case that the bar was negligent.
The personal injury attorneys at Law offices of Sebastian John Balliro, P.A. represent people who were seriously injured or lost a loved one in a car wreck because of someone else’s negligent or illegal actions. That includes the actions, or failure to take action, of an institution or business as well as individual people. Severe injuries like Hall’s can change patients’ lives forever, removing opportunities and leaving them with permanent disabilities. They can also be extremely expensive to treat, even with health insurance, and reach six or seven figures without insurance to help. Our Fort Lauderdale car accident attorneys help victims hold the careless driver legally and financially responsible or his or her actions. In addition to all medical expenses, plaintiffs may claim past and future lost income and damages for lost abilities, quality of life and more.
If you were in an auto accident through no fault of your own, Balliro can help. To set up a free, confidential evaluation of your case, call us toll-free from anywhere in Florida at 1-866-INJURED or contact us through our Web site.
