Local Injury Attorney Stephen Schultz Featured in St. Louis Post Dispatch
Local injury attorney Stephen Schultz was recently featured on the front page of the St. Louis Post Dispatch paper. The article covered the recent case settlement achieved by Schultz in the tragic fatal car accident case involving off-duty Sunset Hills police officer Christine Miller. The settlement was reached approximately 8 months following the filing of the civil lawsuit. The full cover story can be read on the St. Louis Post Dispatch website. Christine Miller was criminally charged with 4 counts of involuntary manslaughter and 1 count of vehicular assault. Miller's criminal case remains pending.
The wrongful death lawsuit filed by Stephen Schultz alleged negligence against Christine Miller and O'Leary's Restaurant & Bar. The lawsuit claimed that O'Leary's knowingly continued to serve alcohol to a "visibly intoxicated person" as defined under Missouri dram shop law in Missouri Revised Statute 537.053. This statute creates civil liability for bars and taverns who continue to serve a customer even after that person is exhibiting openly outward signs of extreme intoxication. Factors such as blood alcohol concentration (BAC), weight and gender, food consumption, and witness statements come into play when determining whether or not a viable dram shop claim exists. One of the biggest hurdles to jump through in these cases is the higher burden of proof, "clear and convincing", as opposed to "preponderance" which is the usual burden in personal injury civil cases.
A drunk driver certainly has to be held accountable for his/her actions when they cause a car accident. However, Missouri is clear that bars and restaurants can and will share responsibility when they put profits over safety of the general public. Bars in business to sell alcohol, but there comes a point when a customer needs to be cut off to prevent serious injury to the customer and general public. Bars should go the extra step and call a cab for that individual instead of looking the other way. Contact St. Louis dram shop lawyer Stephen Schultz for more information on these types of claims.
The wrongful death lawsuit filed by Stephen Schultz alleged negligence against Christine Miller and O'Leary's Restaurant & Bar. The lawsuit claimed that O'Leary's knowingly continued to serve alcohol to a "visibly intoxicated person" as defined under Missouri dram shop law in Missouri Revised Statute 537.053. This statute creates civil liability for bars and taverns who continue to serve a customer even after that person is exhibiting openly outward signs of extreme intoxication. Factors such as blood alcohol concentration (BAC), weight and gender, food consumption, and witness statements come into play when determining whether or not a viable dram shop claim exists. One of the biggest hurdles to jump through in these cases is the higher burden of proof, "clear and convincing", as opposed to "preponderance" which is the usual burden in personal injury civil cases.
A drunk driver certainly has to be held accountable for his/her actions when they cause a car accident. However, Missouri is clear that bars and restaurants can and will share responsibility when they put profits over safety of the general public. Bars in business to sell alcohol, but there comes a point when a customer needs to be cut off to prevent serious injury to the customer and general public. Bars should go the extra step and call a cab for that individual instead of looking the other way. Contact St. Louis dram shop lawyer Stephen Schultz for more information on these types of claims.
