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$________ Dram shop – Plaintiff served while visibly intoxicated and struck by driver as plaintiff crossed highway ramp shortly after leaving tavern on foot – Cervical fracture.

Bergen County, NJ

The plaintiff, 23 years old at the time of the incident, and 26 at the time of the settlement – contended that the defendant tavern served him while visibly intoxicated, resulting in his being struck by the co-defendant driver, when the plaintiff – a pedestrian – was crossing a highway ramp, a short distance from the tavern.

The plaintiff established that he had been served four Long Island Iced Teas and shared a ________ ounce beer tower with his friend before leaving. The plaintiff underwent surgery at the hospital, and blood testing was done. The plaintiff’s toxicologist testified that when converted to a BAC, the level exceeded .20, and that the plaintiff would have shown clear signs of intoxication before being served his last drink. The plaintiff also contended that the driver was speeding, and failed to make adequate observations. The driver denied this position was accurate, and contended that the plaintiff suddenly darted out – rendering the accident unavoidable.

The plaintiff suffered a cervical fracture which required fusion surgery, and made no income claims.The case settled prior to trial for $________, including $________ from the tavern, and $________ from the defendant driver.

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