Faust v. Moose Lodge #493 of Bellingham, Washington

Dram shop claims by the Faust family against Bellingham, Washington Moose Lodge #493. The plaintiffs' claimed that they suffered irreparable injuries including paraplegia to a 7-year-old boy. A drunk driver who was a member of the Moose Lodge caused the head-on collision in April 2000. Hawkeye Kinkaid, a member and patron of the Moose Lodge, was killed in the accident. He had been drinking for a number of hours before the accident on April 21, 2000. The accident that gave rise to the accident occurred a few miles from the lodge when Kinkaid's vehicle crossed the centerline on Labounty Road in Ferndale, Washington. The plaintiffs' claimed that Kinkaid had 0.26 blood alcohol level. The plaintiffs' claimed that the defendant acted negligently in hiring and supervising of the bartender at the Moose Lodge. They further claimed that as a direct result of the negligence of the bartender, Kinkaid left the Moose Lodge in a state of intoxication just prior to the accident.

The defenses