Date: 08-21-1997

Case Style: Bolden v. O'Connor Cafe of Worcester, Inc.

Case Number: WOCV94-0562

Judge: Unknown

Court: Superior Court of Worcester County

Plaintiff's Attorney: Joseph J. Cariglia, Danield E. Shanahan, and Rickie T. Weiner, Worcester, Massachusetts.

Defendant's Attorney: Unknown

Description: Dram shop negligence - Bolden, age 20, suffered brain damage and paralysis in an automobile accident in a car driven by a friend after the two had spent a number of hours drinking in Defendant's bar. Plaintiff, who was a college student at the time of the accident, now has a mental age of a 2-year-old child and requires 24-hour care and resides in a rehabilitation facility. Bolden's mother, individually and on behalf of Bolden's daughter, sought compensation from Defendant under Massachusett's dram shop statute for serving alcohol to the driver of the car when it's employees knew or should have known that she was intoxicated. Plaintiffs also claimed that Defendant's bar was understaffed and that it was operated in such a way that it was not possible to monitor how much alcohol any given patron had consumed. Defendant contended that Bolden had been negligent in drinking and then riding with the driver, who she knew or should have known was intoxicated. Plaitniff also contended that Defendant improperly sold beer to Bolden, who was not old enough to legally buy or consume beer. Bolden's medical expenses up to the time of trial were approximately $400,000.

Outcome: Verdict for Plaintiffs for $15.7 million with a 28% reduction based upon Bolden's comparative negligence and $3.8 million for Bolden's mother's loss of consortium. When interest, the total judgment was about $20.8 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None