A personal injury lawyer has settled a lawsuit initiated by the parents of a Texas boy who sustained serious injury in a car accident. The offending driver is a restaurant patron and is alleged to have been drunk at the time of the accident. The parents of the young boy, who is now six years old, sought $10 million in the personal injury case, with some of the money coming from the establishment serving the man alcohol and some of personal injury money from the offending driver himself. The restaurant was a branch of franchise, Applebee's which is based in Kansas City, Missouri, and the final personal injury settlement amount was undisclosed. See Missouri Dram Shop Laws regarding liability of the restaurant for over serviung the drunk driver.
The lawsuit accused the restaurant of serving the customer with around 23 drinks in a period of time said to be under two hours. The man then got behind the wheel and proceeded to drive home, crashing into the family's car en route. The family's lawyers stated that the law firm's investigation into the car accident was a key component in securing the compensation they were looking for. The personal injury lawyer's investigation was one of incredible depth, and they managed to collected a great deal of evidence for case, including the drunken driver's receipts showing that he paid for almost two dozen drinks over the two-hour time period.
A parallel investigation undertaken by the police determined that, at the time of the car accident, the man's blood alcohol level was more than three times the legal limit, which is around 0.08 per cent. The family instigated legal action against both Appleby's and the driver for the serious personal injuries which their son sustained in the car accident. It transpired that the driver was a repeat DWI offender, and he now faces criminal charges in relation to the crash with a criminal trial pending as a result of his reckless actions. At this stage, medical examinations suggest that the young boy sustained damage to around 80% of his brain in the car accident, a diagnosis which has meant that his family incurred astronomical medical expense bills and will likely continue to do so as the boy grows older.
The lawsuit initiated for $10 million will go towards covering for round-the-clock medical care, future loss of earnings, pain and suffering and also mental anguish, all of which are quite typical of such serious personal injury cases. As is the case with a number of states, there is legislation in places called the Dram Shop Act which means that damages can be claimed from businesses who are guilty of servicing excessive quantities of alcohol to customers which later get involved in incidents such as car accidents. The family lawyer stated to reporters covering the case that the settlement is a reminder to establishments which have a licensed to serve alcohol to do so responsibly and carefully. He went on to state that the family of the young boy would be buying a specially modified van for transport and also a round-the-clock nurse in a bid to make the boy's life as comfortable as possible.