Attorney Settles a Dram Shop Case for the Policy Limits
The case was litigated in the New York Supreme Court.
According to DiMartini, the plaintiff, a minor at the time of the accident, went to friend's house for a summer party. The friend's father provided beer for the teens attending the party and even played beer-pong with them.
The plaintiff admitted to being intoxicated.
At the end of the night, plaintiff got into a friend's car for a ride home. The friend was also intoxicated.
The teens ended up in a serious accident. Plaintiff sustained multiple serious injuries, some of which included a subdoral hematoma, fractured pelvis requiring surgical intervention, fractured left clavicle, and a fractured right femur.
The cases against the two motor vehicles was settled by DiMartini almost a year ago. The homeowners, however, continued their defense.
DiMartini explained that "dram shop" case can be difficult to prove. "We had to prove that the plaintiff and operator of the motor vehicle he was a passenger in were obviously intoxicated and that the homeowners knew of that and knew that the teens were entering a motor vehicle in that condition."
Plaintiff's testimony at his deposition, according to DiMartini, established the foundation to support a viable claim.
The case was then settled for the homeowners' policy limits.
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About the Law Office of Stuart DiMartini
Stuart DiMartini is a personal injury lawyer who has been protecting and asserting the rights of the seriously injured since 1987. With offices in New York and in New Jersey, Mr. DiMartini understands the hardships accident victims face and as such has devoted his legal career to representing those seriously injured in accidents throughout the New York City metropolitan area.
Page Updated Last on: Feb 11, 2015