Trial Magazine

John Roe allegedly consumed eight or nine alcoholic drinks at a tavern over the course of two hours. Approximately three hours later, he picked up Doe in his sports car and drove down a residential street at more than twice the posted speed limit. Roe struck a tree on the side of the road, and the car burst into flames. Both men were killed on impact. Doe is survived by his wife and their two minor children.

Doe’s family sued the tavern and Roe’s corporation, which owned the sports car, alleging liability for the crash. They claimed the tavern had overserved Roe before the incident and that its bartender had used a “heavy hand” when pouring Roe’s drinks, increasing the amount of alcohol in each drink beyond the normal amount. The plaintiffs also alleged gross negligence against Roe.

Suit did not claim lost income.

The parties settled for $8.9 million.

Citation: Doe v. Roe Tavern, Confidential Dkt. No. (Mass. Confidential Ct. Apr. 23, 2019).

Plaintiff counsel: AAJ member Neil Sugarman, Boston.