Vol. 57 No. 9

Trial Magazine

Verdicts & Settlements: Negligence

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Lack of formal policies regarding service of alcohol

September 2021

Roe, a purported regular at a small roadside Charleston, S.C., pool hall and bar, was allegedly served 24 drinks over five hours. When Roe left the bar, he allegedly exited the parking lot, darted into oncoming traffic, and crashed into the motorcycle of John and Jane Doe. They were thrown from the motorcycle.

John Doe, who suffered a traumatic brain injury, anxiety, headaches, and pain in his shoulder and knee, incurred medical expenses exceeding $110,000. Jane Doe, who suffered injuries resulting in headaches and pain in her back, neck, ankle, shoulder, and wrist, incurred more than $112,500 in medical expenses. Both will require future medical care.

The Does sued the bar, alleging it lacked formal policies and procedures for preventing the overservice of alcohol. The plaintiffs asserted that the defendant also was liable for overserving Roe, who, they argued, was grossly intoxicated and exhibiting obvious signs of impairment. Suit did not claim lost income.

The bar asserted that there was no proof of Roe’s intoxication and that some of the drinks he had purchased were for others at the bar. The defense also disputed the plaintiffs’ need for future medical care.

The parties settled for $1.1 million.

Citation: Doe v. Roe Bar, Confidential Dkt. No. (S.C. Confidential Ct. Mar. 9, 2021).

Plaintiff counsel: AAJ members David B. Yarborough and Liam Duffy, both of Charleston; and AAJ member Richard A. Hricik, Mount Pleasant, S.C.