This matter involves a motor vehicle accident that occurred on Knotty Oak
Road in Coventry, RI at approximately 10:35 p.m.,on the evening of April 1, 2019. The
accident occurred when the Defendant, Christopher Lacolle (“Lacolle”), who was legally
intoxicated, operated his vehicle at a speed in excess of 100 m.p.h., lost control and
crossed into the Plaintiff, Katie Nichols’, lane of travel. As a result, Ms. Nichols sustained a fracture to her left femur which required surgery, several fractures and dislocation in her left foot, a fracture to her left arm and lower spine.
In addition to naming Lacolle as a Defendant in this action, suit was also brought against a bar and a tavern. These two establishments both served Lacolle numerous drinks prior to the motor vehicle accident. More specifically, while at the first bar, Lacolle was served nine (9) beers and three (3) Crown Royal Apple shots.
The second Tavern served Lacolle two (2) Jack Daniels Whiskey, a shot of Patron
Tequila and a shot of Crown Royal Whiskey.
The bartenders at both the bar and Tavern were TIPS certified. TIPS is
an acronym for “Training for Intervention Procedures” which, among other things, is a
training program to prevent intoxication; drunk driving; and underage drinking. Both
bartenders knew or should have known that serving such an excessive amount of alcohol would result in the intoxication of their customer. Given the amount of alcohol served, Lacolle would have been visibly intoxicated and signs of intoxication should have alerted the employees of both establishments to not only terminate bar
service to Lacolle but to also insure that he did not drive a motor vehicle. In fact, Lacolle
was charged with a DWI after he smelled of alcohol but refused a field sobriety test at the scene and later, blood tests at the hospital that evening revealed Lacolle Blood Alcohol Level (BAL) to be .132.
The case was complicated as the police that at the scene indicated in their report that the Plaintiff was at fault as she had crossed the center line into the defendants lane.
However, attorney Karen Alegria at Brian Cunha & Associate employed an accident re constructionist who convinced the insurers of all three Defendants that the accident occurred in the Plaintiffs lane of travel and not the Defendants.
After an all day mediation with Attorney Bill Poore the case settled for $900,000.00.