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Personal Injury and Automobile Accidents

7/30/2010
Shannon
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Victim's Family Files Suit Against Winery and Market for Their Role in DUI Automobile Accident

Can companies be held financially responsible for the incidents that occur after serving alcohol to minors?  According to a recent case in California, the answer is yes.

Joshua Apodaca and Sean Bradley, both 19, attended a wedding reception at a California winery.  The winery employees served Bradley at least 6 to 8 beers after he told an employee he left his identification in the car. 

When the reception was over, Apodaca and Bradley went to a market, and Bradley allegedly purchased two bottles of hard lemonade.  After leaving the market, Bradley crashed his parents’ car.  Both boys had to be cut from the wreckage.

Later, tests revealed that Bradley had a blood alcohol level of .14, which is nearly twice the legal limit in the state of California.  Bradley was convicted of driving under the influence.

Although Bradley has no long-term injuries, Apodaca suffered brain injuries that left him with permanent cognitive and physical impairments.  He requires assistance with many daily living activities, and his cognitive impairment will prohibit him from being employed. 

Apodaca’s medical expenses for the accident totaled $2.4 million.  His parents sued the winery and the market alleging they violated California law by providing alcohol to a minor.  They are also suing Bradley for negligence for driving under the influence, and his parents’ for being negligent in allowing Bradley to use their vehicle.

The suit was settled for about $3.6 million.  The winery and the Bradleys both contributed their policy limits of $3 million and$100,000, respectively.  The market contributed $500,000, and Sean Bradley paid $5,000.

If you or someone you know, needs an attormey for a DUI, personal injury, or automobile accident related case you are at the right place.  Michael S. Weisberg, P.C. has extenisve experience in handling these cases.  Please give us a call an we would happy to assist you. 



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