In August, Beth Smart filed a lawsuit against the drunk driver who killed her son and the Chicago bar that served him.
WGN News reports that the accused, Matthew Talavera, crashed the SUV he was driving into a parked car on Jan 19. Richard Smart was ejected from the passenger seat and died from injuries sustained in the crash. The two had been drinking at Joe E’s Unforgettable Lounge in Chicago’s Old Irving neighborhood. Smart and Talavera were best friends.
Beth Smart ‘s attorney named both Talavera and Joe E’s Unforgettable Lounge in the suit. The suit states that it was the bar’s duty to “serve alcoholic beverages to its patrons with due care and to avoid over serving such patrons who pose a threat to other patrons and the community” (Dizikes) According to Illinois Dram Shop laws, Mrs. Smart may have a case.
The Illinois Liquour Control Act, also known as The Dram Shop Act, gives any person who is injured by an intoxicated person the right to sue not only the intoxicated person, but also the vendor who sold the intoxicant and the owner of the premises. (Illinois General Assembly.) Thus, in the case of Richard Smart, suits can be brought against Talavera, the bartender and the owner of Joe E’s. Illinois law states that a vendor becomes liable when he/she sells alcohol to an obviously intoxicated person. At the time of the crash, Talavera had a blood-alcohol content of .27, which is three times the legal limit.
However, the case itself is far from simple. Because Smart and Talavera were drinking together, Joe E’s may assert a complicity defense. Complicity is the judicial doctrine by which a licensee may not be liable for the injuries sustained by a third party from one of the licensee’s patrons if the third party contributed to the intoxication of such patron (Labanuaskas.) In other words, Joe E’s may not be liable if the court decides that Smart contributed to Talavera’s intoxication. But that contingency may be further complicated by the fact that Smart himself was intoxicated. However, Illinois has some of the most expansive Dram Shop Laws in the United States, a precedent that doesn’t augur well for Joe E’s.
The Joe E’s Dram Shop Case is indeed a thorny one, and no verdict has been reported yet. However, the case against Talavera should be open-and shut. Under Illinois law, Talaveras’s drunk driving makes him criminally negligent, as do a bevvy of less serious charges brought against him. A 2007 Amendment to the Illinois Wrongful Death Act allows the jury to award Beth Smart “fair and just compensation” including damages for “grief, sorrow and mental suffering.” (740 ILCS 180/2.) By contrast, current Dram Shop assessments cap Joe E’s liability at approximately $72k.
In summation, victims of drunk drivers in Illinois can sue the driver him/herself, the individual who sold the alcohol and the proprietor of the venue where the alcohol was sold. While some cases are cut-and dry, the Sharp lawsuit evinces just how complicated these cases can get. If you or a loved one has suffered personal injury or death as a result of a drunk driver, it is important that you contact an experienced Illinois personal injury lawyer immediately. Taking action against drunk driving helps keep our roads safe.
–Steven Flores
Attributed Sources