The Washington State Supreme Court, in a unanimous decision, has upheld a lower court ruling that awarded a family $14 million dollars after the family was injured by a drunken driver after he was over served at a Bellingham tavern reports The Bellingham Herald.
Bianca Faust was driving in a car with her two children and a grandbaby when 58-year-old Hawkeye Kinkaid of Ferndale crossed the center line and hit her car. Kinkaid was killed and everyone in Faust’s car was injured in the drunk driving accident. Her son, who was 7 at the time, was critically injured and is a paraplegic today.
Faust sued the Moose Lodge in Bellingham and the bartender for “negligent over serving.” The bartender was Alexis Chapman and she was Kinkaid’s girlfriend at the time of the accident. Washington State allows victims of drunk driving to sue an establishment such as a restaurant, bar, tavern or club if they served a obviously intoxicated person. This is known as a DRAM shop claim.
A forensic consultant testified that Kinkaid, whose blood alcohol content was around 0.32% at the time of the car accident, probably consumed the equivalent of 21 12-ounce beers before the accident. Chapman testified that he was “tipsy” and she had refused to continue serving him.
The $14 million dollar settlement will help provide for Faust’s son medical and educational needs and well as compensate other family members for the damages they suffered.
This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent drunk driving victims and their families. We will aggressively investigate your car accident and determine if you were injured by someone in the course of their employment or if they were negligently served alcohol by a bar or restaurant. With our help, you may recover compensation for your damages.
Contact The Farber Law Group today to schedule a free and confidential case evaluation.
For more information about the case, see the Washington State Supreme Court, Faust v. Albertson, docket number 81356-6.