Date: 08-03-2012

Case Style: Michael J. Elliott v. Emerging Brands, Inc. d/b/a Henry Hudson's Pub

Case Number: CJ-2011-1956

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Gary Wayne Wood, Riggs, Abney, Neal, Turpen, Orbinson & Lewis, Oklahoma City, Oklahoma

Defendant's Attorney:

Description: COMES NOW the P1aintiff Michael J. Elliott, by and through his attorney of record, Gary W. Wood of Riggs, Abney, Neal, Turpen, Orbison & Lewis, and through his causes of action against Defendant, Emerging Brands, Inc. d/b/a Henry Hudson’s Pub, alleges and states as follows:

1. That on or about January 14, 2011, Plaintiff was driving his vehicle at or near 3750 West Main Street, Norman, Cleveland County, Oklahoma. Mark Sousa was driving his vehicle at or near this location. Sousa failed to yield while exiting the parking lot near Henry Hudson’s Pub and collided with Plaintiffs vehicle. At the time of this collision, Sousa was intoxicated. As a result of this collision, Plaintiff was severely injured.

2. Prior to this collision, Mark Sousa, had been at Henry Hudson’s Pub in Norman, Oklahoma. While at Henry Hudson’s Pub, Mark Sousa became intoxicated above the legal limit allowable under Oklahoma Law. Mark Sousa then left Henry Hudson’s Pub, and proceeded to the site of the collision.

3. Defendant, Emerging Brands, Inc. owns and operates Henry Hudson’s Pub, either individually or jointly with others, or other entities that have yet to be determined.

4. That the Defendant, Emerging Brands, Inc. d/b/a Henry Hudson’s Pub, is liable for the negligent acts of its employees in sewing an excessive amount of alcohol to Mark Sousa in violation of Oklahoma law 37 0.5. § 501 et seq., when its employees knew or should have known that Mark Sousa was intoxicated and should not drive a motor vehicle. Further, Defendant is directly liable for failing to appropriately instruct and supervise its employees who sewed alcohol.

5. That Defendant, Emerging Brands, Inc. d/b/a Henry Hudson’s Pub, is vicariously liable for its employees’ act of serving Mark Sousa in direct violation of Oklahoma law 37 0.5. § 501 et seq. by serving an excessive number of drinks to individuals that these employees knew or should have known had a blood alcohol content in excess of that permitted under Oklahoma law to operate a motor vehicle. These actions subject Defendant to punitive damages as set forth under the guidelines established in 23 O.S. § 9.1.

6. Plaintiff, Michael J. Elliot, asserts that his injuries were the direct and proximate result of the negligence and intentional acts of Defendant, Emerging Brands, Inc. d!b/a Henry Hudson’s Pub for serving Mark Sousa when its employees should have known that Mark Sousa had a blood alcohol content level in excess of that permitted under Oklahoma law.

7. That prior to said accident, Plaintiff, Michael J. Elliot, was in good health with a normal life expectancy, but as a direct and proximate result of the Defendant’s negligence, Plaintiff has the following enumerated injuries for which he is entitled to recover:

A. Past, present and future physical pain and mental anguish;

B. Permanent physical injuries, disfigurement, and scaring;

C. Past, present and future loss of time and earnings; and

D. Past, present and future reasonable and necessary medical expenses in the care and treatment and reduction of his injuries.

WHEREFORE, premises considered, Plaintiffs prays for judgment against Defendant, in an amount in excess of $75,000 for compensatory damages, and an amount in excess of $75,000.00 for punitive damages, together with attorneys’ fees, pre-judgment and post-judgment interest, costs of this action, and for such other relief as the Court may deem just and proper.

Defendant did not file an answer.

Outcome: COMES NOW the Plaintiff; Michael J. Elliott, by and through his attorney of record, Gary W. Wood of Riggs, Abney, Neal, Turpen, Orbison & Lewis, and hereby dismisses with prejudice his causes of action against Defendant, Emerging Brands, Inc. d/b/a Henry Hudson’s Pub.

Plaintiff's Experts:

Defendant's Experts:

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