

In this case, the defendant drunk driver (DWI/DUI) testified that he began drinking at one bar/restaurant where he consumed a few drinks and then proceeded to a second bar/restaurant that was the target defendant in the case. At this second bar/restaurant, the drunk driver consumed another 12 to 15 drinks. Shortly after leaving this second establishment, he was involved in the accident that produced our lawsuit.
At the time of the crash, the drunk driver's blood alcohol concentration (BAC) was 0.195% as developed by a breath sample taken by local law enforcement agents. Our liability expert, Dr. John Brick, who is well known in this area of litigation, determined that the drunk driver's BAC at the time he was served by the second bar/restaurant was between 0.18% and 0.25% and that as a result, he was visibly intoxicated.
The only issue seriously considered by the trial court was whether the drunk driver's negligence could dilute the liability of the second bar/restaurant on New Jersey's Comparative Negligence Statute. On that issue, the trial court concluded that the drunk driver was so intoxicated that his freedom of choice was completely negated by the second bar/restaurant decision to serve him an alcoholic beverage while he was visibly intoxicated.
Awarded: Favorable Judgement
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