PENNSYLVANIA RECORD

The parents of deceased Jackass star Ryan Dunn’s passenger, who was killed along with

Dunn when the vehicle occupied by the two men crashed in Chester County, Pa. last summer, have filed a lawsuit against Dunn’s estate and the bar that allegedly served the two men alcohol prior to the fatal car accident.

George and Erma Hartwell, of Melbourne, FL, are suing on behalf of their late son, Zachary D. Hartwell.

The defendants listed in the civil action are Barnaby’s West Chester Inc., Andrew Donaghy and Ronald Dunn, who is the father of the late Ryan Dunn, the Pennsylvania man who made a name for himself as a cast member of the MTV reality show Jackass.

The complaint states that both Donaghy and Ronald Dunn are co-administrators of Ryan Dunn’s estate.

The lawsuit, which was filed Aug. 7 at Philadelphia’s Court of Common Pleas by attorneys John N. Zervanos and Jeffrey P. Fritz, of the firm Soloff & Zervanos, claims that Ryan Dunn was over-served while at Barnaby’s back on June 20, 2011, and then got behind the wheel of his vehicle with Hartwell as his passenger.

The complaint accuses Barnaby’s of serving Dunn alcohol despite the fact that he was in a visibly intoxicated state at the time.

Sometime after 2:30 that morning, Dunn’s vehicle, while traveling at an excessive speed along Route 322 in West Goshen Township, failed to negotiate a ramp and struck a guardrail, causing the car to veer off the roadway and strike a tree.

Both Dunn and Hartwell sustained fatal injuries in the crash.

The plaintiffs claim that the estate of Ryan Dunn is legally liable and responsible for the negligence, recklessness and other violations committed by Ryan Dunn.

The complaint accuses Barnaby’s of violating Pennsylvania’s Dram Shop Act for providing alcohol to Dunn despite the fact that he was visibly intoxicated at the time.

The suit claims the bar is vicariously liable for the acts of its employees.

The lawsuit also contains additional counts of negligence, recklessness and wrongful death.

The plaintiffs seek compensatory and punitive damages in excess of $50,000, plus interest, costs and delay damages.

A jury trial has been demanded.

 

The case ID number is 120800300.