By Kim Gale  |  April 5, 2018

Category: Consumer News

long haul truckers misclassification contractor truck driverA judge awarded an injured truck driver a $37.5 million judgment that a strip club will have to pay for over serving alcohol to a patron who drove drunk and caused an accident.

Illinois Circuit Court Judge Judge Vincent Lopinot referred to the Illinois Dram Shop Act, which allows plaintiffs to pursue damages from a club or restaurant found responsible for over serving alcohol to a customer who later caused a drunk driving accident.

In November 2010, plaintiff Lucas W. and his wife were working for Celadon Group Inc. as an “over-the-road” truck driving team. On Nov. 17, 2010, the couple was driving just east of St. Louis on Interstate 64 in Illinois. It was just before dawn when Robert C. crashed into Lucas’ truck head-on, according to the lawsuit.

Robert had just left the Deja Vu Showgirls strip club (now known as Larry Flynt’s Hustler Club), where the bartenders were allegedly over serving alcohol to him.

According to the lawsuit, Robert, who was driving east, drove into the westbound lanes. After he hit the truck, Lucas says he and his wife were unable to keep the truck from falling into a steep ravine in the median. When the truck landed on its side, a fire started.

The couple struggled to get out of the cab. Lucas incurred severe burns over more than 50 percent of his body. He went through a painful six-month recovery in the hospital, but his wife died in the accident. Lucas remains permanently disabled and will never be able to return to his job as a truck driver.

The judgment includes damages for his personal injuries and for the wrongful death of his wife, Jessica.

“This was a tragic event that destroyed and changed lives forever. It’s a stark reminder of the dangers of drinking and driving,” said Lucas’ lawyer through a written statement.

The Illinois Dram Shop Act is an amended portion of the Liquor Control Act of 1934 and “provides the sole remedy against tavern operators and owners of tavern premises for any injury caused by an intoxicated or in consequence of intoxication.”

If over serving alcohol to a patron, a bar is responsible for taking reasonable steps to prevent third parties from danger from the intoxicated person. According to the Dram Shop Act, the tavern keeper is responsible “when the danger is apparent and the circumstances are such as to put a prudent person on notice of the probability of danger.”

By allegedly over serving alcohol to a patron and allowing that patron to get into his car and drive in the intoxicated condition, the tavern keeper (strip club) enabled the night’s tragic events to be set in motion, according to the court’s findings.

The Over Serving Alcohol Lawsuit is Case No. 11-L-641, in the St. Clair County Circuit Court, Belleville, Illinois.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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