CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

Establishments that are in the business of selling alcohol such as bars, taverns and restaurants, are a great social forum for friends to come together to relax after a long day or week of work. But sometimes a fun innocent night out can turn tragic. When people get behind the wheel of a vehicle after consuming too much alcohol, they pose a serious threat to their own safety and the safety of other drivers on the road.

A business that serves alcoholic beverages has an incentive to sell as many drinks as possible to increase profits. Sometimes this might lead a bartender or bar owner to consciously or subconsciously ignore visible signs of intoxication in order to sell another drink and make a profit. The bar tender’s decision to continue to serve or cut off a visibly intoxicated person or a person under the age of twenty-one (21), may make the difference between you getting home safely or being injured in an auto accident caused by a drunk driver.

For this reason, Pennsylvania law imposes a legal duty upon a restaurant, tavern or bar in the business of selling alcoholic beverages to the public, not to serve alcohol to a person who is either:

1. Under the age of 21

2. Visibly intoxicated

Where a restaurant, tavern, or bar breaches this legal duty and an individual sustains personal injuries in an accident caused by the intoxicated patron, then the liquor establishment may be liable for personal injury damages sustained by the injured party. A plaintiff may be able to recover from the establishment in a liquor liability lawsuit also known as Dram Shop actions.

At McMahon, McMahon & Lentz, we use accident reconstructionists, skilled toxicologists and accident investigators, as well as other expert witnesses in our thorough investigation and pursuit of our client’s liquor liability case. Often the injured party in these cases will be clients who are injured in automobile accidents, motorcycle accidents, and assaults and battery, involving intoxicated persons who have been served alcohol.

The attorneys at MM&L have successfully achieved large out-of-court trial verdicts and settlements in many liquor liability lawsuits in cases involving serious injury and sometimes even death.

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