The plaintiff was nearly 48 years old when she went on a date with a friend to a bar in Peabody, Massachusetts. The friend was well-known at the bar and drank alcohol there regularly. The friend was served alcohol beyond the point of obvious intoxication and was then allowed to enter his car with the plaintiff and drive away. A short distance from the bar, the friend drove his car into a tree. His blood alcohol level was .16%, or two times the legal limit.
The plaintiff sustained multiple fractures, including pelvic, rib, and sternum. She also sustained a head injury with permanent cognitive deficits. She retained Mazow | McCullough, PC for pursuit of premise liability damages.
The plaintiff had no memory of the night in question or the events at the bar. The bartenders working on the evening in question denied that they served alcohol to the friend to the point of obvious intoxication. The only person who testified that the friend was exhibiting signs of intoxication was the friend himself. Through discovery, Mazow | McCullough, PC was able to establish that the bar did not have an established alcohol safety policy in effect.
Mazow | McCullough pursued premise liability damages for negligent over-service of liquor. The case settled at mediation for $500,000.