Family of accident victim settles for $450,000

Family members of a passenger killed in an automobile accident have settled with a Bonne Terre restaurant and bar that allegedly sold the car’s driver a significant amount of alcohol. Crossroads Restaurant & Lounge agreed to a $350,000 settlement in exchange for a release of all claims against it.

Nathan Patterson died in the early morning hours of Jan. 3, 2012, when the car he was riding in left Route E in St. Francois County and flipped, ejecting him. Patterson, 35, is survived by his parents and a daughter.

Brian K. Motley, 37 at the time, was driving the car when the accident happened, according to a court filing. Motley was seriously injured and airlifted to a St. Louis hospital for treatment. Both men, who were friends, were drinking at the Crossroads Lounge not long before the accident, according to Stephen R. Schultz, the plaintiffs’ attorney.

The plaintiffs — parents Carl and Pamela Patterson and 18-year-old daughter Darien Perry — filed a wrongful death lawsuit against Crossroads and Motley. The suit accused Motley of being negligent and alleged the restaurant had liability under the state’s dram-shop law. The law establishes the liability of a business that sells liquor to an obviously intoxicated patron who subsequently causes the injury or death of a third party.

Schultz said he suspended discovery with Motley because the defendant faced a pending criminal charge of involuntary manslaughter. Last year, the plaintiffs decided to settle with Motley’s insurer for the full policy limit of $100,000, the attorney said.

Crossroads’ policy was not to serve intoxicated customers, Schultz said. However, “without enforcement the policy doesn’t mean squat,” he added. If the case had gone to trial, Schultz said he would have established that the business provided no training to its employees on the subject of serving too much alcohol to patrons.

Crossroads’ attorney, John Grimm, said the parties involved compromised to reach an agreement. “It was a settlement for less than the policy limits,” he added. The attorney declined to disclose the limit.

Grimm said many facts were in dispute at the time of the settlement. Nothing could be gained, however, by detailing those disputes now, he said.

“It’s just a sad situation, and I’m sure everybody is glad to get it behind them,” Grimm said.

Last year, the plaintiffs settled for $100,000 with State Farm, Motley’s insurer. Attorney Ken Lander, who represented Motley in the civil case, did not return phone calls seeking comment.

Motley’s trial on the involuntary manslaughter charge is scheduled to take place next month.

Schultz is passionate when it comes to talking about establishments that serve their patrons an abundance of alcohol.

“It’s deeply disturbing how many bars will continue to serve you until you can’t stand up,” Schultz said. “It’s the non-chain places that typically don’t have the training in place” for their employees, he added. Mo

WRONGFUL DEATH

Venue: St. Francois Circuit Court

Case Number/Date: 12SF-CC00019/Jan. 11, 2013

Judge: Sandra Martinez

Special Damages: $5,301.67 for burial expenses

Insurer: State Farm (for defendant Brian Motley); United Fire Group (for defendant Crossroads Restaurant & Lounge)

Plaintiff’s Attorney: Stephen R. Schultz, Schultz & Myers, St. Louis

Defendants’ Attorneys: John Grimm, The Limbaugh Law Firm, Cape Girardeau (for Crossroads Restaurant & Lounge); Ken Lander, Kortenhof, McGlynn & Burns, St. Louis (for Brian Motley)