$600,000.00 Wrongful Death $600,000.00 total settlement after lawsuit and two mediations; $500,000.00 bar, $100,000.00 at-fault boater.
Boat Crash/DWI/Dramshop Action [over serving at a bar]
Decedent was operating a boat on the lake when another boater failed to yield the right of way, according to the rules of the water way, resulting in his death. The at-fault boater had a blood alcohol over two and one-half times the legal limit. The at-fault boater had been served drinks at a bar immediately before operating the boat when the bar knew or should have known that he was noticeably impaired. The at-fault driver’s insurance paid all available coverage. The bar contested liability on the grounds that the decedent contributed to his injuries by consuming enough alcohol to have a blood alcohol content just short of the legal limit and that the at-fault boater was not legally impaired. A settlement was reached after two mediations.