The Roxxy nightclub sued for over-serving patron who caused vehicle accident

By Jon Campisi | Apr 27, 2012

A Delaware woman has filed a civil complaint against a Philadelphia nightclub, alleging the injuries she suffered during a motor vehicle accident on Interstate 95 was caused by a man who the plaintiff alleges was over-served by bar staff.

Media, Pa. attorneys Kevin R. Marciano and Patrick D. MacAvoy filed the lawsuit April 25 at the Philadelphia Court of Common Pleas on behalf of Chelsea Goodson of Wilmington, Del.

The defendants named in the lawsuit are Bijou LLC, which does business as The Roxxy, a nightclub at 939 N. Delaware Avenue in Philadelphia; Buckley & Company; Delaware residents Brent Cromer and Anna Azocar; and Aston, Pa. resident Kimberly Spadaccini.

The lawsuit claims that Cromer was over-served by bar staff at The Roxxy during an evening out on May 15 and 16, 2010.

Cromer continued to be served alcohol even though he was visibly intoxicated at the time, the lawsuit claims.

The complaint alleges that at no time did The Roxxy’s employees attempt to stop serving alcohol to Cromer or otherwise take steps to protect the plaintiff from the “foreseeable dangers arising from the service of alcohol and to excess.”

Cromer left the club at about 2:55 a.m. on May 16 and got into a car owned by defendant Azocar. The vehicle began traveling southbound on I-95.

Goodson was a passenger in Cromer’s vehicle.

Cromer’s vehicle soon rear-ended a car driven by defendant Spadaccini, which was also traveling southbound on the highway, according to the lawsuit.

Goodson accuses Cromer in her complaint of driving recklessly, negligently and under the influence of alcohol, which caused the defendant to lose control of the vehicle and cause the accident.

As a result of the accident, Goodson suffered broken ribs and other injuries to her head, limbs and body, all of which caused her to spend money on medical treatment, the suit states.

The suit claims that Goodson has suffered, and will continue to suffer, physical pain, disability, mental anguish, embarrassment, humiliation and other incidental costs.

The complaint accuses The Roxxy of being reckless and grossly negligent and failing to contact police when bartenders knew or should have known that Cromer would attempt to operate a motor vehicle in an unsafe and “extremely intoxicated” condition.

For each of the various counts listed in the complaint Goodson seeks compensatory damages in excess of $50,000, plus unspecified punitive damages, delay damages and other court costs.


The case ID number is 120402972.

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