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ARTICLE ID 195802

$________ – Dram shop – Defendant driver, with a blood alcohol reading of .________, strikes plaintiff driver in rear shortly after leaving tavern – Cervical herniations – Two level cervical fusion – Lumbar annular tear – Pain management care.

Gloucester County, NJ

The female plaintiff driver, age in her early 50s, contended that she was struck in the rear by the defendant inebriated driver when she was stopped at a light. The driver declined to take a breathalyzer, and blood testing returned with a level of .________. The defendant driver indicated that he was served at least one beer when he was a guest at the defendant tavern for an approximate three-hour period, and the plaintiff’s toxicologist would have maintained that it was clear that the driver was served when visibly inebriated.

The defendant tavern denied serving the driver, and also pointed out that it would be responsible for its proportionate share of liability only under New Jersey law. The plaintiff also named a friend of the defendant driver who was with him at the tavern, whom the bartender contended had assured her that he would bring the driver home, however, he did not do so. The plaintiff contended that she sustained two cervical herniations and required a two level cervical fusion. The plaintiff maintained that she will suffer some cervical pain and extensive restriction permanently. The plaintiff further maintained that she suffered an annular tear in the lumbar area that will cause permanent symptoms, despite pain management treatment.

The plaintiff, who only speaks Spanish and worked as a cleaner for various offices and was earning approximately $________ per week – contended that she will be permanently precluded from working.The defendant driver had $________ in coverage. The case settled prior to trial for a total of $________, including the driver’s $________ policy, $________ from this individual personally, $________ from the homeowner’s policy of the friend who allegedly assumed the duty to bring the driver home after promising the bartender that he would do so, and $________ from the defendant tavern.

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