Our client was driving home from Ft. Wayne while traveling south on I-69 in the early morning. A young woman who had been drinking heavily was en route to Muncie from Indianapolis. After stopping at a gas station, she mistakenly entered an exit ramp and started driving north in the southbound lanes of I-69. Shortly thereafter, her vehicle collided head-on with our client’s vehicle, killing the young woman and seriously injuring our client.
He was taken to the hospital, where he spent the next two weeks. His injuries were serious and numerous, including a broken jaw in two places that required a metal plate. He also had tooth and nerve damage that required later root canals and extensive dental surgery. Additionally, he had a cracked sternum, broken ribs, bruised liver, broken tailbone, and fractured vertebrae in his lower back. His right femur was shattered and a serious left hip fracture required 13 screws in the joint and a rod inserted.
WKW filed suit against the driver and the establishment that served her the night of the accident. Our investigation revealed that the young woman was under age, had used a fake ID, and was served at least eight drinks before getting in to her car to drive home. During deposition, the waiter who served her admitted that he was suspicious of her ID but failed to get a second ID or to involve a manager. Instead, he proceeded to serve the woman in violation of both the law and the Indiana Excise training that he had received on the job. He also demonstrated a startling lack of familiarity with the Indiana laws about serving alcohol, as he was unaware that the legal limit for driving under the influence of alcohol is .08% BAC. Wilson Kehoe Winingham secured a settlement for our client without having to go to trial.
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