PHILADELPHIA – A Delaware County man who was seriously injured in a car accident nearly three years ago after patronizing a local tavern has sued the establishment and its ownership for negligence, for allegedly causing the crash.
Frank Yacona of Linwood filed suit on Feb. 24 in the Philadelphia County Court of Common Pleas, against Copley’s and Copley’s Café & Tavern, Inc., both of Boothwyn and the tavern property owner, Chichester Real Estate Ventures, of Philadelphia.
“On or about July 25 and 26, 2014, plaintiff was an invitee at Copley’s and/or Copley’s Café & Tavern, Inc. The defendants individually and/or by and through their agents, servants, workmen or employees, willfully and unlawfully served and/or made available to the plaintiff, [Frank] Yacona, alcohol, liquor, malt and brewed beverages, caused the plaintiff to become inebriated and visibly intoxicated, and while he was in a visibly intoxicated and inebriated condition, continued to serve…him in violation of the statutes and law of the Commonwealth of Pennsylvania, including, but not limited to, the Liquor Code,” the lawsuit states.
Yacona says he was permitted to leave Copley’s in his car while in an intoxicated state. As a result, at approximately 5:40 a.m., his vehicle left the roadway, went into a grass median, re-entered the roadway and crossed both lanes of the westbound Washington Street Extension in Wilmington, Del., before crashing into a guardrail and rolling.
The plaintiff alleges the defendants’ negligence in failing to detect his intoxication and prevent his driving under the influence of alcohol caused him to sustain serious injuries in the resultant car accident, including brain injury, headaches, plus neck and back injuries.
For counts of negligence, the plaintiff is seeking damages, jointly and severally, including punitive damages, in excess of $50,000 and in excess of the court’s arbitration limits, in this matter.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
Philadelphia County Court of Common Pleas case 160701917
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com