Bar Owner Named the Defendant in Lawsuit Filed by Woman who was Hurt in a DUI Accident
Alina M. House has filed a personal injury lawsuit that names the driver of the car that struck her in a head on collision and Tongy’s Shmackhouse Bar as the defendants.
The lawsuit states that when 21-year-old Derik Frazier Sharkey arrived at the bar on Oct. 15, 20, he was already extremely intoxicated. This isn’t the bar’s fault. What is their fault, is that he was served large quantities of alcohol the entire time he remained at the bar.
Sharkey remained at Tongy’s until the establishment closed at 2 a.m. on Oct. 16. By this point, the lawsuit refers to Sharkey’s state as “grossly intoxicated.”
Unmindful of his inebriated state, Sharkey chose to get into his car and travel on U.S. 501 towards Myrtle Beach, to intoxicated to notice that for two miles, he was driving the wrong way on the six lane divided highway. It’s at this point that his car and House’s car were involved in a head on collision.
The lawsuit calls the injuries that House sustained in the accident “catastrophic physical injuries, including a traumatic brain injury and massive injuries to her lungs and body.” The medical bills she accumulated as a result add up to $204,000 which she hopes to recoup in a settlement. She’s also suing for pain and suffering as well as lost wages.
House’s reason for naming Dustin Leek, the owner of Tongy’s Schmack House, in her personal injury lawsuit is because as the owner of a Florida Liquor license, he has a responsibility to ensure that his employees are mindful of how much their customers have had to drink and that they stop serving them if the employee feels the customer has reached the point of intoxication. In this case, that didn’t happen.
The lawsuit states that the employees who continued to serve Sharkey that night had to have noticed that he was well past the point of intoxicated and still they kept serving him. Even worse, they did nothing to prevent him from getting into his car and driving away.
After the accident, Horry County jail records show that Sharkey spent about six hours in jail before he was released. Tests indicated that at the time of the crash, his blood alcohol level was approximately 3 times the state’s legal limit. On February 24, he pled guilty to driving under the influence charges.
The lawsuit is seeking both actual and punitive damages from the defendants in this case.
“My heart goes out to this young woman whose life was forever changed by some seriously poor decision making,” said johnbales.com Tampa is a top personal injury firm with an office headquartered in Florida. “He’s absolutely correct to name both the driver who struck her and the owner of the bar that served him in the lawsuit. Hopefully, by naming the bar, other similar establishments will realize the consequences of over serving patrons and take steps to make sure none of their customers are involved in a DUI.”
If a drunk driving accident resulted in you getting injured, you don’t have to deal with the financial ramifications alone. Visit John Bales Attorneys to learn more about personal injury law and how you can seek a settlement for punitive and actual damages.