Heather Truchan v. Sayreville Bar and Restaurant, Inc., t/a Sayreville Bar and Restaurant, et al.

Dram Shop Claim - Plaintiff sustained serious personal injuries as a result of
an accident that occurred on December 10, 1993, at approximately
5:35 p.m. She was driving on Cheesquake Road in Sayreville,
New Jersey at the time of the accident. As she drove around a
curve she suddenly saw headlights on her side of the road. There
was no time to react and the vehicle, a truck owned and operated
by defendant John Kelly, struck her head-on. The impact was severe.
It took rescue workers using the "Jaws of Life" an hour to free her.

Peter Danser, a fellow employee of Kelly, testified for
plaintiff. He said that he would go out with Kelly "a couple of
nights a week" after work and "have some drinks", usually at the
Sayreville Bar. He testified that on December 10, he and Kelly
were advised that they were being laid off for the slow winter
season. They went to a local bar where they each consumed one
beer before going to the Sayreville Bar. Danser said that saw
Kelly drink between six and seven mugs of beer while they were
there. He further testified that as he was getting ready to
leave he observed that Kelly was "loud in conversation and
getting boisterous". He also testified that Kelly kept repeating
himself in conversation and his eyes were "a little glassy,
like glazed over". He explained that Kelly "had that stare,
you know, when you get drunk". When Danser left the Sayreville
Bar, Kelly was still drinking. Finally, Danser testified that
if the bartenders had been paying attention "they would have
seen the signs".

Plaintiff also called Patrolman Anthony DonnaMaria as witness.
DonnaMaria was the first officer at the scene. DonnaMaria testified
that when he observed Kelly at the scene he was dazed, staggering,
mumbling, and leaning on his truck. According to DonnaMaria, Kelly
"appeared quite intoxicated". He had a vacant stare in his eyes
and an extremely strong odor of alcoholic beverage on his breath.
DonnaMaria further testified that Kelly was falling; was on his
hands and knees; was swaying and sagging, grasping for support; was
unable to stand and was continually leaning for balance when he was
upright; that his speech was "slobbering", slurred and slow and
his demeanor indifferent; that his eyes were very watery and
bloodshot, his clothing was "mussed" and dirty, and his face
was pale. Kelly was
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taken to the hospital where a blood sample was drawn. Subsequent
tests revealed his blood alcohol content to be .201.

Plaintiff also produced Dr. Richard Saferstein, an
expert in forensic science, toxicology and alcohol. He opined
that Kelly's blood alcohol level would have been .10 at 5:05
p.m. and that he would have begun exhibiting signs of visible
intoxication at that time. On cross-examination Saferstein
conceded that different individuals act differently with the
same blood alcohol level and that habitual use of alcohol
develops a tolerance requiring larger doses to produce the
characteristic effects of intoxication. Thus, if Kelly had
developed such a tolerance, he would not have necessarily
displayed visible signs of intoxication at a level of .10.
However, Saferstein further testified that a perceptive
observer of a person who has reached a level of .10 percent should
be able to tell that that person is visibly intoxicated and should
not be served additional alcohol.

The jury, after a four day trial, found no liability against
Sayreville Bar, finding Kelly to be solely responsible for the
accident. The jury awarded plaintiff $512,500 in damages against
him.

Dr. Richard Saferstein, toxicologist

Unknown

Affirmed as to Sayreville Bar and Restaurant. See: 731 A.2d 1218 (N.J.Super.A.D. 1999). Note: The date shown above is the date of the appellate court decision and not the trial date.