Nightclub faces wrongful death lawsuit

Jon Campisi May 31, 2011, 9:39pm

The family of a man who was killed in a vehicle collision two years ago has filed a wrongful death lawsuit against the person who hit him, and the bar that they allege oversold the intoxicated driver.

Philadelphia attorney Sonia M. Silverstein filed the civil complaint May 25 at the Philadelphia Court of Common Pleas on behalf of Jose A. Negron Sr. and Gladys Ortiz, the father and mother of Jose Alberto Negron, who died May 31, 2009, as a result of injuries sustained in a motor vehicle accident.

The plaintiffs are suing FDR Inc., the business that runs Club Lyrics in Philadelphia, and Rasheedah Green, the woman who struck and killed Jose Negron.

According to the complaint, Negron was riding his motorcycle northbound on Delaware Avenue at about 3:46 a.m. on May 31, 2009, when he was struck by a vehicle operated by Green, who had been making a left turn down Penn Street from southbound Delaware Avenue.

Green, who cut in front of the path of Negron’s motorcycle, had been heavily intoxicated at the time of the crash, according to the lawsuit.

The lawsuit states that Green has since pleaded guilty in criminal court to homicide by vehicle and driving under the influence of alcohol, and she is currently serving time at the Cambridge Springs Correctional Institution in Cambridge Springs, Pa.

In the hours prior to the vehicle accident, Green had been a patron of Club Lyrics, which is located at 6527-31 Roosevelt Boulevard in Philadelphia, the lawsuit states. During her time at the club, Green allegedly kept being served alcohol despite the fact that she was visibly intoxicated, a violation of state law.

After she left the club, Green got in her car and drove off, eventually causing the accident that led to Negron’s death, the complaint states.

“The conduct of defendant FDR … was the proximate cause and a substantial factor in causing the resultant accident, injuries and death of decedent,” the lawsuit states. “The conduct of Defendant FDR in serving alcoholic beverages … rendered Rasheedah Green unable to properly operate her vehicle and impaired her ability to realize the risk attendant in operating her vehicle in an intoxicated condition.”

The lawsuit accuses Green of negligence, carelessness and recklessness. It accuses the club operator of serving alcohol to a visibly intoxicated person, of violating Pennsylvania’s Liquor Code, of failing to provide Green with alternative transportation and of failing to better control and monitor the serving of alcoholic beverages to its patrons.

The plaintiff’s are seeking four separate judgments in their claim, each for a sum in excess of $50,000, plus interest, court costs and delay damages.

A jury trial has been demanded. The case awaits listing.

The case number is 110502972.

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