Date: 09-04-1999

Case Style: HEATHER ALVEY; LINDA J. REID, Mother and Next Friend of CHRISTOPHER REID, A Minor v. James Logsdon, et al.

Case Number: 96-CA-1635 and 96-CA-1603

Judge: James R. Daniels

Court: Circuit Court, McCracken County, Kentucky

Plaintiff's Attorney: James W. Owens and Donald R. Green, Jr. of James W. Owens, Chartered, Paducah, Kentucky for Heather Alvey and Linda J. Reid, Mother and Next Friend of Christopher Reid, A Minor.

Defendant's Attorney: E. Frederick Straub, Jr. of Whitlow, Roberts, Houston & Straub, for James Logsdon and Gorman Bradley, Jr. and Jonathan Freed of Bradley & Freed, PSC, Paducah, Kentucky, and Daniel S. Stratemeyer of Boehl, Stopher & Graves, Louisville, Kentucky for Destock #14, Inc., d/b/a Applebee's Neighborhood Grill & Bar.

Description: Automobile Accident - While stopped at a red light, an automobile operated by Christopher Reid and occupied by Heather Alvey was struck in the rear by an automobile operated by James Logsdon. The collision pushed Reid's vehicle forward, causing it to collide with a third vehicle which was also stopped at the red light. Reid and Alvey both were injured as a result of the collision and brought this action in the McCracken Circuit Court seeking damages against Logsdon. They also sued DeStock #14, Inc., d/b/a Applebee's Neighborhood Grill & Bar, asserting liability under Kentucky's dram shop statute, KRS 413.241. DeStock cross-claimed against Logsdon for indemnity for any sums which it might be required to pay in damages to Reid and/or Alvey.

Logsdon testified in his discovery deposition that prior to the accident he had purchased and consumed four to six glasses of draft beer at Applebee's, each glass containing approximately ten to twelve ounces of beer. He had then consumed one non-alcoholic beer at another bar before purchasing a sandwich and a soft drink at a drive-through restaurant. According to Logsdon, the accident occurred when he attempted to retrieve the sandwich from the passenger seat of his vehicle and failed to observe that traffic was stopped in front of him. A breathalyzer test performed after the accident measured Logsdon's blood alcohol concentration at 0.235%. In Kentucky, a person with a blood alcohol concentration of 0.10% or more is prohibited from operating a motor vehicle. KRS 189A.010 (1) (a).

Outcome: The claims of Reid and Alvey against Logsdon were settled by payment of $6,000.00 to Reid and $45,000.00 to Alvey.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Summary judgments were entered dismissing the claims of Reid and Alvey against DeStock, as well as the cross claim of DeStock against Logsdon for indemnity. Reversed by the Supreme Court of Kentucky on July 2, 1999. The date shown above is the appellate court date and not the trial date.