{"id":199,"date":"2022-08-31T18:07:00","date_gmt":"2022-08-31T18:07:00","guid":{"rendered":"https:\/\/briancunha.com\/blog\/?p=199"},"modified":"2022-08-31T18:07:00","modified_gmt":"2022-08-31T18:07:00","slug":"3-5-22-settlement-900000-00-automobile-and-dram-shop-claim","status":"publish","type":"post","link":"https:\/\/www.briancunha.com\/blog\/2022\/08\/31\/3-5-22-settlement-900000-00-automobile-and-dram-shop-claim\/","title":{"rendered":"3\/5\/22 Settlement $900,000.00    Automobile and Dram Shop Claim"},"content":{"rendered":"<p>This matter involves a motor vehicle accident that occurred on Knotty Oak<br \/>\nRoad in Coventry, RI at approximately 10:35 p.m.,on the evening of April 1, 2019. The<br \/>\naccident occurred when the Defendant, Christopher Lacolle (\u201cLacolle\u201d), who was legally<br \/>\nintoxicated, operated his vehicle at a speed in excess of 100 m.p.h., lost control and<br \/>\ncrossed into the Plaintiff, Katie Nichols\u2019, 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.<\/p>\n<p>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.<br \/>\nThe second Tavern served Lacolle two (2) Jack Daniels Whiskey, a shot of Patron<br \/>\nTequila and a shot of Crown Royal Whiskey.<br \/>\nThe bartenders at both the bar and Tavern were TIPS certified. TIPS is<br \/>\nan acronym for \u201cTraining for Intervention Procedures\u201d which, among other things, is a<br \/>\ntraining program to prevent intoxication; drunk driving; and underage drinking. Both<br \/>\nbartenders 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<br \/>\nservice to Lacolle but to also insure that he did not drive a motor vehicle. In fact, Lacolle<br \/>\nwas 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.<\/p>\n<p>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.<\/p>\n<p>However, attorney Karen Alegria at Brian Cunha &amp; Associate employed an accident re constructionist who convinced the insurers of all three Defendants\u00a0 that the accident occurred in the Plaintiffs lane of travel and not the Defendants.<\/p>\n<p>After an all day\u00a0 mediation with Attorney Bill Poore the case settled for $900,000.00.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 (\u201cLacolle\u201d), who was legally intoxicated, operated &hellip; <a href=\"https:\/\/www.briancunha.com\/blog\/2022\/08\/31\/3-5-22-settlement-900000-00-automobile-and-dram-shop-claim\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-199","post","type-post","status-publish","format-standard","hentry","category-6"],"_links":{"self":[{"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/posts\/199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/comments?post=199"}],"version-history":[{"count":1,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/posts\/199\/revisions"}],"predecessor-version":[{"id":202,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/posts\/199\/revisions\/202"}],"wp:attachment":[{"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/media?parent=199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/categories?post=199"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.briancunha.com\/blog\/wp-json\/wp\/v2\/tags?post=199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}