Date: 11-07-2009

Case Style: Jack O'Dell v. Déjà Vu

Case Number: HHB CV 07-5004332 S

Judge: Lois Tanzer

Court: Superior Court, Hartford County, Connecticut

Plaintiff's Attorney: Ron Murphy, Advocates Law firm, L.L.C., New Britain, Connecticut

Defendant's Attorney: Elycia Solimene and Melanie Kolek of Gibson & Behman, Middletown, Connecticut

Description: Jack O'Dell sued the owner of the Déjà Vu Bar Plainville,
Connecticut in his capacity as Administrator for the Estate of Patrick O'Dell,
on a dram shop act theory claiming that the defendant served alcohol to one Joel
Prachar after he was already in intoxicated. While giving Patrick a ride home
from the bar, Prachar crashed into the back of a truck parked legally on the
side of the road and Patrick was killed. Prachar was later found to have a BAC
of .187. Plaintiff's expert toxicologist estimated that Prachar would have had
to have consumed 15-20 drinks to have that BAC. Patrick was 37 years old at the
time of his death and the father of three boys, ages 7 - 13.

The defenses asserted by the defendant were "no visible intoxication.

Outcome: Plaintiff's verdict for $4 million capped at $250,000 by Connecticut law, General Statutes § 30-102.

Plaintiff's Experts: Dr. Charles McKay, Board Certified in Internal Medicine
and Medical Toxicology

Defendant's Experts: None

Comments: Editor's Comment: This is but another example of the arbitrary and capricious way in which damage cap statutes denied those harmed by the negligence of others from recovering what they have lost. O'Dell's children will be denied compensation for the loss of their father because of Connecticut's damage limitation legislation.