The following pending case below is a sad example of what can happen if you drink and drive. Serious injury can happen in an instant. In this case, she is left paralyzed from the waist down. This case is rather unique as it is the impaired driver herself who is suing. Certainly, there are several key defenses which will most probably end her case before it ever reaches a jury. Nevertheless, the facts highlight the need for bar owners and homeowners who serve alcolhol to be certain any customers or guests are of legal age and that they are safe to drive before leaving to get on the road. If these basis safety steps are not followed, then perhaps they should be held accountable. Tonight while enjoying the Super Bowl, please be aware of what can happen. Be Safe. Get Home.
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Hess was 20 years old on Aug. 8, 2009 when she went to Jock’s Sports Grill in Beaumont, S.C. for a game of billiards, according to her lawsuit.
She alleged that she ordered an alcoholic drink at the bar and was served without being asked for identification. The legal drinking age in South Carolina is 21.
Hess accused the bar of several forms of negligence, including failure to “request and examine proof of identification,” serving alcohol to minors, and “failing to ascertain whether Plaintiff was impaired by the consumption of alcoholic beverages at the time Plaintiff purchased the alcoholic beverage.”
At about 1:05 a.m., Hess left the bar driving her own car and had a serious accident.
“The wheels of the motor vehicle Plaintiff was operating suddenly dropped off into a large unmaintained area on the shoulder of Alljoy Road, which caused Plaintiff to loose [sic] control of her vehicle and causing her to roll the vehicle over off the side of the road,” the lawsuit said.
As a result, Hess “suffered serious, permanently debilitating injuries causing the plaintiff to be paraplegic.” She blames the accident on the bar.
“The accident that resulted in Plaintiff being a paraplegic was due to and proximately caused by the negligence, recklessness, and willfulness and gross negligence of Defendant Jock’s Sports Grill,” the lawsuit said.
Attorneys representing the defendants deny “each and every allegation,” they each said in responses to the Hess’ lawsuit.
Their response lists eight possible ways Hess may have been negligent including driving while intoxicated, failing to keep her car under proper control, driving too fast for the conditions, and “failing to act in a reasonable and prudent manner.”