St. Louis Injury Lawyer Blog

Several family members died in a car accident in the Hancock County, Illinois town of Hamilton.

The lawsuit filed by attorneys Tom Falb and Michael Glisson of Williamson, Webster, Falb & Glisson against a tavern that served the drivers states that the order of death was unknown, but four people all died from the same wreck. Also named in the lawsuit are the builders and maintainers of the road in a subdivision which was unlit, unmarked and dangerous to drivers.

The fatal wreck occurred on a foggy night. The road was a gravel and chip road with dips and curves, most notably a 90-degree curve between two ponds with deep embankments from near the edge of the roadway into each pond. As the driver attempted to make the sharp turn, the vehicle slid into the pond and caused massive car damage and drowning.

The wrongful death lawsuit claims that the roadway owners were neglectful in maintaining a proper level of safety for drivers using the road.

Alton, Illinois-based attorneys Tom Falb and Michael Glisson's lawsuit filed in Hancock County Circuit Court seeks damages for 64 counts against the defendants, including premises liabilities, wrongful death, survival acts, and dramshop violations.

According to the Federal Highway Administration, although only 23 percent of Americans lived in rural areas, 53 percent of fatal vehicle accidents occurred on rural roads in 2007. The study explained that this may be due to a number of factors, including the greater distance to hospitals, higher speeds of driving due to less traffic, a lack of shoulders and marked lane dividers, lower safety belt usage, and a higher likelihood of alcohol involvement.

Continue reading "Hancock County, Illinois Auto Accident Death Leads to Lawsuit" »

A drunken bar fight in Hardin, Illinois that allegedly caused a customer to become injured has led to a dramshop lawsuit.

The lawsuit, filed in the Calhoun County, Illinois circuit court by WWF&G attorney Michael P. Glisson, claims that the liquor served by the bar caused one of its patrons to become drunk and disorderly. The patron then assaulted another customer.

In the aftermath of the attack, the plaintiff suffered numerous facial fractures requiring surgery. In addition, the suit claims the incident has caused pain and suffering and expensive medical care. Being unable to work has resulted in lost wages for the plaintiff.

The defendants named include both the attacker and the tavern. The case is set for trial in May of 2011.

According to a fact sheet published by the Illinois Liquor Commission, it is unlawful to sell liquor to an intoxicated person. Disobeying this law can result in fines from $500 to $2,500, as well as a year of jail time and/or liquor license suspension or revocation. This offense is a Class A Misdemeanor.

Continue reading "Hardin, Illinois Bar Faces Trial in Dramshop Lawsuit" »

Two Alton, Illinois bars are facing dramshop lawsuits after a man from Hardin died in a drunk driving auto accident.

A lawsuit filed on behalf of the deceased man has named Woodstock Lounge and Ten-Pin Lounge in downtown Alton partially responsible under dramshop laws for the fatal accident by allegedly serving the drunken driver--a man from Fieldon, Illinois--an excessive amount of alcohol which caused his impaired driving.

According to an article in The Telegraph, the car accident, which occurred in January 2010, has already led to fines, probation and jail time for the drunk driver. The criminal case against the driver was tried in Jersey County Circuit Court, while the civil case against the two Alton taverns was filed in Madison County Circuit Court.

The victim was killed in a crash on Illinois Route 16 outside of Fieldon, Illinois, where officials pronounced him dead upon arriving to the accident site.

The National Center for Injury Prevention & Control reports that in 2008, 11,773 people died in car crashes where one or both drivers were under the influence of alcohol. According to the Illinois State Police website, impaired driving offenses that result in serious car crashes can result in "Aggravated DUI" sentences, which can carry a fine of $25,000 and up to twelve years in prison.

Continue reading "Ten-Pin Lounge and Woodstock Lounge in Alton, Illinois Sued for Drunk Driving Deaths" »

O'Leary's Bar and Restaurant in St. Louis and a Sunset Hills police officer have settled a drunk driving, dramshop and wrongful death case out of court.

A car accident caused by the suspended police officer killed the other car's four passengers instantly and seriously injured the driver. The accident, which occurred in March of 2009, came at the tail end of a night of binge drinking at O'Leary's Bar.

According to a report on the KMOV St. Louis website, a receipt recovered from the offender's purse revealed that she had drunk five Cosmopolitans, and the hospital's breathalyzer test showed the off-duty officer's blood alcohol content to be nearly three times the legal limit.

The settlement total came to a sum in excess of $2.2 million, which maxed out the amount the officer's and tavern's insurance policies would pay. The criminal case against the officer, who plead guilty, will determine how many years of prison time she will receive. The sentence is scheduled to come in spring of 2011.

The Centers for Disease Control and Prevention reports that 32 people die every day in the United States from auto accidents related to drunk driving.

Continue reading "St. Louis Tavern and Off-Duty Police Officer Settle Drunk Driving Suit" »

Roper's Regal Beagle lost a case against an Ottawa, IL resident who sought damages for injuries sustained in a bar fight.

Represented by WWF&G Attorney Michael P. Glisson, plaintiff James Ceja received a $35,000 verdict from the Madison County jury in last week's dramshop case. According to the Madison/St. Clair Record, the award covered $24,000 in medical bills, $1,500 for pain and suffering and $9,000 in lost income. The insurance company offered $5,000 before the trial.

The fight two years ago pitted Ceja against Regal Beagle customer Michael Whittman, who became intoxicated by drinking alcohol purchased at the bar and rained blows upon Ceja. The fight caused Ceja to become injured and miss work time. Whittman settled the civil case earlier this year with the customer, but Glisson also held the Regal Beagle responsible for Ceja's injuries.

Madison County Circuit Judge David Hylla presided over the trial, which began on Sept. 7.

Continue reading "Ottawa Man Obtains Dramshop Liability Verdict Against Godfrey Tavern" »

On the evening of February 5, two cars were involved in a head-on collision in the southbound lanes of I-255. The driver of one car, Tawanda Jackson, 32, her son, 9-year-old Arnold J. "Jay" Jackson and passenger Jon L. Moss, 28, were all killed upon impact while Jackon's 11-year-old daughter, Takia, was seriously injured. The driver of the other car, Newton M. Keene, 46, was found to have a blood-alcohol content (BAC) of 0.29 percent after the accident- nearly four times the legal limit in Illinois.

Keene, who was injured in the accident, has a long history of drunk-driving offenses with six convictions on file, a Missouri license that has been revoked since 1997 and indefinitely suspended driving privileges in Illinois. Late last Thursday, Keene was charged with three counts of reckless homicide and a host of aggravated drunken driving charges.

Continue reading "Family Sues Hazelwood Missouri Tavern over Son's Death in Drunk Driving Accident" »

Walmart has been added as a defendant to a wrongful death lawsuit filed by the estate of a pedestrian killed on Godfrey Rd. in Madison County, Illinois on December 27, 2008. A man walking down Godfrey Rd. was struck and killed by a GMC Safari. The driver left the scene in what appeared to be a hit and run accident, but he returned to the scene. During his deposition, he admitted to drinking alcohol which he believes he purchased at Walmart.

On December 17, 2009, Walmart was added as a dramshop defendant in this case. Illinois dramshop laws allow a recovery against the seller of alcohol when the alcohol sold contributes to an accident.

The claim was brought by the family of the decedent, who was survived by his wife and two children. The family is represented by Michael P. Glisson, of the law firm of WWF&G of Alton, Illinois. The claim will be set for case management after Walmart formally enters its appearance.

If you or a family member has been injured in an alcohol related accident, you should contact an Illinois personal injury attorney

A Jersey County Illinois jury has awarded more than a half-million dollars to the family of a woman killed in a 2007 drunken driving incident. The jury returned the $549,954.11 verdict after a two-day civil trial on November 18, 2009, in Jersey County Circuit Court, with Judge Eric Pistorius presiding.

Jerica Klocke, 19, of Batchtown, died following a motorcycle accident in 2007. She had been a passenger on a motorcycle driven by Donald Adcock, 24, of Carrollton, who was pronounced dead at the scene by Jersey County Coroner Larry Alexander. Klocke was flown from the scene to St. John's Hospital in Springfield, where she died at 2:56 p.m. the same day.

A summary read to the jury by Circuit Court Judge Pistorious stated that the plaintiffs, the family of Jerica Klocke, brought the claim pursuant to the Dramshop Act. The plaintiff claimed that Adcock consumed alcohol at both Thirsty's Tavern and at Bawana's Nutwood Tavern and became intoxicated as a result of the alcohol he consumed and that his intoxication was one of the causes of Klocke's death. The defendants had denied liability in Klocke's death.

At the time of the accident, Thirsty's Tavern Inc. was owned by Donald Adcock and his father, Roger. Bawana's Nutwood Tavern, was owned by Stephen Wilson. (Wilson was named individually in the suit, but Roger Adcock was not).

According to Klocke family attorney Mike Glisson, of Williamson, Webster, Falb & Glisson, of Alton, Klocke's grandmother had died the Friday evening before the motorcycle wreck. Jerica Klocke went to be with a girlfriend. The girlfriend arranged for Jerica to ride on a motorcycle driven by Adcock, who did not appear to be intoxicated, according to several witnesses, but whose toxicological report revealed he had a blood alcohol level of 0.15 percent at the time of his death. The legal limit in Illinois is 0.08. Jerica Klocke's toxicological report revealed no alcohol.

Testimony revealed that Adcock lost control of his motorcycle, leaving a skid mark of 177 feet as he approached the intersection of Reddish Road and Dunham Road.

Forensic toxicologist Dr. Chris Long, of Saint Louis University, testified that while witnesses testified that Adcock did not appear impaired he would have to have been. The 0.15 level would have impaired his depth perception, balance on the motorcycle and reasoning, he said.

After deliberating for three hours, the jury returned a verdict Wednesday, ruling in favor of the plaintiffs and against Thirsty's Tavern, but not Bawana's, apparently determining that the intoxication had taken place at Thirsty's.

The jury awarded $500,000 in loss of relationship and $49,954.11 for medical and funeral bills, the exact amount requested by Plaintiffs in closing arguments by family attorney Mike Glisson. The verdict is one of the biggest verdicts recorded in Jersey County.

Continue reading "Jersey County Illinois Jury Renders Wrongful Death Verdict" »