The Haggard Law Firm’s Douglas McCarron and co-counsel Eric Romano of the Romano Law Firm have secured a $1 Million pre-suit, policy limit settlement in a dram shop (liquor liability) wrongful death case.
On July 31st, 2021, Thomas Lewis attempted to break up a fight that began in the Foster’s Too Lounge. During that effort, Thomas was hit over the head with multiple beer bottles by overserved patrons. The attack killed him.
Fosters Too was a local bar open all night and had an inordinate number of regulars. The Haggard Law Firm’s investigation revealed that these regulars routinely drank to excess, and some were prone to start fights and cause problems. The individuals who killed Thomas did frequent the Palm Beach County bar and were known troublemakers. Before the attack, the assailants had been drinking at the bar for hours. These individuals were known to the bartenders and staff. Despite their apparent intoxication, the bartenders continued to serve them alcohol.
The assailants started a confrontation with Thomas’ friend within 10 minutes of the attack on Thomas. While the confrontation was short, Foster’s security intervened and broke it up. Despite the attackers’ actions and apparent intoxication, they were not removed from the bar and were actually served more alcohol.
Predictably, the assailants again started another verbal altercation. Thomas made an effort to remove his friend from the situation when he was attacked. The injuries Thomas sustained from this alcohol-fueled rampage ended his life, and left his wife, Cyndi, a widow.
McCarron and Romano made a claim against the bar for its negligent service of alcohol to the assailants. The evidence showed that the assailants were regulars and were known to be habitually addicted to alcohol. The continued service of alcohol to these known alcoholics was a proximate legal cause of why the incident took place.
The Defendant paid it’s insurance policy limit before a lawsuit was filed.
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