Bar's owners move to upend crash lawsuit Posted: Wednesday, Sep 17, 2008 - 10:06:18 am PDT By KEITH KINNAIRD News editor
SANDPOINT - Counsel for a Washington state man seriously injured in a head-on crash three years ago are fighting efforts to abruptly end a lawsuit the man filed against a Sandpoint bar accused of over-serving alcohol.
Benjamin Abram Woelk sued the occupants of the vehicle which ran into him and the operators of Roxy's last year. The court action stems from an Oct. 23, 2005, crash on U.S. Highway 95 south of Bottle Bay Road.
Idaho State Police said Thomas Jeffery Schultz was southbound in a Geo Storm, crossed the center line of the highway and struck Woelk's Ford Tempo.
Woelk, 28, suffered catastrophic and permanent injuries, according to the civil complaint. He was hospitalized at Harborview Medical Center in Seattle for several weeks.
Schultz, 50, of Sagle, pleaded guilty to felony driving under the influence shortly after a jury was sworn in at his 2006 trial, court records show. He was subsequently sentenced to a suspended prison term of 2-4 years with retained jurisdiction, which made him eligible for release after serving six months. He was also ordered to pay $138,146 in restitution.
Woelk brought suit against Schultz and Jacqualyn Decker, the owner of the compact which crashed into his sedan. Decker, 38, also from Sagle, was a passenger in her vehicle at the time of collision. Also named as defendants in the suit were Roxy's and its owners, Charles and Wanda Miles.
The suit accuses unnamed staff at Roxy's of serving Schultz and Decker even though they were obviously intoxicated. Under Idaho's liquor law, drinking establishments and party hosts can be held liable for damages if they serve alcohol to a person who is obviously drunk.
Attorneys for the bar's owners are moving for summary judgment in the case. They argue the defendants were not properly notified of a claim and, as a matter of law, the case should be dismissed.
Woelk's attorneys insist proper notification was provided.
A hearing on the defense motion is pending in 1st District Court.
RE gv wrote on Sep 19, 2008 11:03 AM:
" To GV-The car/car owner carry the insurance... anyone stupid enough to let someone drunk drive their car deserves, at least,half the responsibility.. And the, "if he didn't have a car" comment...well he didn't, he had some else's car... "
YOGI wrote on Sep 19, 2008 10:43 AM:
" Well said gv. Hopefully the bar owners will not be held responsible. Can anyone prove that the driver didn't slam a few drinks in his vehicle as he was driving? Was his alcohol level done as he left the bar? Is it possible that between the time he left the bar and the time of the accident he consumed more alcohol, thus pushing him over the limit? The drunk driver is the only entity that should be punished. "
gv wrote on Sep 18, 2008 8:55 AM:
" Wow! The person driving is the only person that needs to be punished or sued. Some "obviously" drunk people aren't really drunk and some "obviously" sober people don't need another drink. The bar is in the business of selling alcohol and they should be able to sell it. The driver needs to take full responsibility for his actions. Next thing you know, we'll be filing suit against restaurants that server "obviously" fat people hamburgers. People make choices and should be held accountable for them. Maybe sue the auto maker too? If he didn't have a car, none of this would have happened. WAKE UP!! "
Wondering wrote on Sep 18, 2008 8:35 AM:
" Maybe sitiuations like this will stop agencies from serving alcolhol at fundraisers so that "donors are more apt to give more!". That attitude has always bothered me. And I often wonder what would happen if someone did get into an accident on the way home. "
gw wrote on Sep 18, 2008 7:30 AM:
" The drunk should still be in jail, sounds like he don't have a pot to pee in or a window to throw it out of. The bar owner is partially responsible and needs to be sued out of existence. The DUI laws are so ridiculous what a police officer has to do when a drunk is arrested. If a driver is suspected of being drunk, he should be required to take the breath test and if he refuses, their drivers license should be suspended for 10 years, the vehicle seized and mandatory jail time. The first DUI should be 364 days in jail and any more within 10 years a felony and a minimum of 3 years in the big house. "
Nasty Ted wrote on Sep 17, 2008 4:09 PM:
" It's hard to believe that with grammer and spelling like "woohoo"'s, he's allowed to vote! What is "aggreeance"??! "
woohoo wrote on Sep 17, 2008 1:14 PM:
" I am glad that this is FINALLY happening I am in full agreeance with the young man IT IS the bars responsibility you are not susposed to serve an intoxicated person alcohol. It's all about the Benjamins for the bar not moral responsibilty not its time to pay the piper! "
oh my wrote on Sep 17, 2008 12:29 PM:
" I think people should be responsible for themselves and stop blaming everyone else.. The driver was drunk not the bar owner....When do people grow up? If you can't act responsibly maybe you shouldn't expect the bar or business to be your babysitter. "
Cathy Jordan wrote on Sep 17, 2008 12:26 PM:
" We need a Dram Shack law in Idaho such as the ones in Arizona and Colorado where the bar owners are responsible. Normally I am not in favor of creating more laws but this is another time where bartenders don't take responsibility. The law would also make it illegal for them to drink on duty and they would get personal fines as well. This makes them less interested in pushing the booze and more interested in taking responsibility for their actions. I don't like it when police troll the parking lots for those who drink and if more responsibility was exercised inside the bar maybe they wouldn't. I know that in Colorado this law dramatically brought the number of alcohol elated crashes way down and it was first noticed on the mountainous roads around Golden and Central City. "
Lindsay wrote on Sep 17, 2008 10:22 AM:
" I totally agree that the drivers' and the bar owners' should both be responsible, why should it all fall on the victim's shoulders? He did nothing wrong. "
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RE gv wrote on Sep 19, 2008 11:03 AM:
And the, "if he didn't have a car" comment...well he didn't, he had some else's car... "