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What is the Dram Shop Law? How a bar can be held liable for a DWI accident

Sep 10, 2013 | Auto Accidents, Personal Injury

New York auto accident attorney, Edelstein’s Law released photos of Dana S. Corrar, the 55-year old grandmother who was severely injured in a drunk driving crash that killed 26-year old Ashley Chieco, the driver of the car that hit her. Chieco, who had been drinking at Martell’s Tiki Bar in Point Pleasant Beach, allegedly stole a 2011 Hyundai Tucson from a parking lot, attempted to drive 70 miles to her home, driving north in the southbound lanes of Route 18. Witnesses say she swerved to miss oncoming traffic before colliding violently with the 2000 BMW 323 driven by Corrar, who was on her way home from her nursing job. Paul Edelstein, who is handling the case, says that the bar holds responsibility for the crash.

New York Dram Shop Laws

New York GOB Law §11-101 states that any person injured by an intoxicated person has a right of action against any person who contributes to the intoxication by selling liquor. Dram Shop laws are named after pubs in 18th Century England that sold drams, or spoonfuls, of gin, and these laws are designed to prevent bar and restaurant owners from allowing intoxicated patrons from driving.

Edelstein, the New York auto accident attorney representing Corrar, says that Martell’s Tiki Bar is equipped with video cameras that should show Chieco prior to her leaving the establishment. In addition, Martell’s employees maintain the parking lot where she stole the car. Edelstein hopes to use the videos to prove that Chieco was obviously intoxicated, yet continued to be served liquor, a violation of New York Dram Shop Laws.

Stolen Vehicle

According to the police, Chieco did not drive to Point Pleasant Beach, and friends say that she knew she planned to drink that day, so she had arranged for a designated driver. A vehicle that was a similar year, make and model to the one stolen, which belonged to a family spending the day on the beach, was registered in Chieco’s name. The keys were in the vehicle, and police speculate that Chieco believed it was her own car, forgetting that she had not driven to the bar, despite the fact that the car she stole was a different color. Police say the owners of the car did not give her permission to take it.

Severe Injuries

Family members of Corrar say she has a very long recovery ahead of her, as she suffered fractures to her legs and ankles, multiple rib injuries, punctured lung, as well as cervical and spine damage. Her attorney says it will be more than a year before the grandmother of a one-year old boy will be able to walk again, stating that she “broke everything from the neck down.” Edelstein says that she may never be able to work as a nurse again. He plans to include Chieco in the suit along with Martell’s Tiki Bar, and says that Martell’s refuses to discuss the matter.

Contact The Edelsteins, Faegenburg & Brown, LLP

If you or a loved one was injured by a drunk driver, and you believe the establishment where the individual was served is responsible, contact Edelsteins, Faegenburg & Brown, LLP. at (212) 425-1999 for a free consultation at our Manhattan or Brooklyn office.  We are excellent New York personal injury lawyers who will visit you at your home or hospital, If you are injured. We will investigate and examine all of the circumstances of your case and explain the legal options available to you. Call us. We are ready and able to help you at this difficult point in your life.




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