PITTSBURGH – A Pennsylvania man has filed an amended complaint against not just the alleged perpetrator whose drunk driving accident killed his 23-year-old daughter, but also an increased number of defendants who allegedly overserved the driver with the alcohol leading to the accident.
James Eckelberry (individually and as Administrator of the Estate of Kaitlyn Marie Eckelberry) first filed suit in the Allegheny County Court of Common Pleas on April 9 versus Madisyn Nicole O’Connor of Butler, ALM Industries, Inc. of Valencia, Jay’s Mount Royal Inn, Inc., Mt. Royal Inn, Inc. and Carl J. Barto (individually and doing business as “Mt. Royal Inn”) of Pittsburgh, plus Jay’s Other Place, of Allison Park.
“On Feb. 21, 2020, Madisyn Nicole O’Connor was the operator of a Jeep Cherokee on Route 8 (William Flynn Highway), in or near Hampton, Allegheny County, Pennsylvania. At that same time and place, Kaitlyn Marie Eckelberry was operating a Hyundai Elantra. The Jeep Cherokee operated by defendant Madisyn O’Connor was owned and/or controlled by defendant ALM Industries, Inc.,” the suit stated.
“Defendant Madisyn O’Connor, in operation of the motor vehicle, went left of center, crossed the center line, and struck the vehicle operated by Kaitlyn Marie Eckelberry head on at or near 3802 William Flynn Highway, Hampton, PA 15101. Upon information and belief, plaintiff avers that after the crash, and as a direct and proximate result thereof, Kaitlyn Marie Eckelberry was treated by paramedics at the scene and was pronounced dead at the scene on Feb. 22, 2020.”
According to the lawsuit, defendant Madisyn O’Connor at the time of her operation of the motor vehicle as stated above, was intoxicated and under the influence of alcohol and/or illegal drugs and her ability to operate a vehicle was impaired. Upon information and belief, plaintiff avers that defendant O’Connor’s blood alcohol content was more than three times the legal limit.
After the accident, and as result of her operation of the vehicle, defendant O’Connor was charged with various crimes arising out of the crash including homicide by motor while driving under the influence, homicide by vehicle, involuntary manslaughter, driving under the influence of alcohol, speeding and/or reckless driving.
“In the hours prior to the subject accident, defendant Madisyn O’Connor had patronized as a customer and invitee the establishment of Defendant Jay’s Other Place and then the establishment of defendants Jay Mount Royal Inn, Inc., Mt. Royal Inn, Inc. and/or Carl J. Barto individually and doing business as Mt. Royal Inn,” per the suit.
“While at the establishment of defendant Jay’s Other Place, defendant Madisyn O’Connor was visibly intoxicated but was still sold and/or served alcoholic beverages in that condition by employees and agents of defendant Jay’s Other acting within the course and scope of such employment and agency.”
Attorneys for Carl J. Barto, Mt. Royal Inn & Jay’s Other Place provided an answer to the complaint on May 11, denying that they had overserved O’Connor on the day of the crash and that she had only been present in the bar for 15 minutes.
“It is specifically denied that defendant O’Connor was visibly intoxicated when she patronized Mt. Royal Inn for approximately 15 minutes as an invitee on the day of the subject accident. It is further averred that defendant O’Connor was served one mixed drink, which she did not fully consume, before leaving approximately 15 minutes after her arrival,” the answer read, in part.
“Defendant O’Connor did not present signs that would lead a reasonable person to believe that she was in any way impaired or intoxicated. It is further averred that defendant O’Connor was only served one mixed drink that she did not fully consume at Mt. Royal Inn and therefore defendant Mt. Royal Inn, its agents or employees could not have been aware of defendant O’Connor’s alleged intoxication.”
The answer denied the remaining substantive allegations in the case and countered that defendant O’Connor was never present at the establishment of defendant Jay’s Other Place on the day of the subject accident.
UPDATE
On Feb. 3, the plaintiff filed a motion for leave to file an amended complaint, seeking to add a host of defendants to the case.
“Defendant O’Connor, prior to the accident, patronized two other establishments on Feb. 21-22, 2020, where she was sold, given, furnished and/or served alcohol, namely Double L Bar, located at 307 Grant Avenue Millvale, Allegheny County, PA 15209 and Ford’s Tavern, 1402 Evergreen Avenue, Pittsburgh, PA, Allegheny County, PA 15209. Upon information and belief, at all times relevant to these proceedings, Double L Bar was owned by Linsey Messagno individually t/d/b a “Double L Bar” Inc., who are residents of the Commonwealth of Pennsylvania (registered address 100 West Pennview Street, Pittsburgh, PA 15223) and sole proprietorships or alternatively Pennsylvania corporations, limited liability companies, partnerships or other entities for profit,” the motion stated.
“Upon information and belief, at all times relevant to these proceedings, Double L Inc., a Pennsylvania corporation for profit, whose principal place of business is 2271 Bryn Mawr Ave. Philadelphia, PA 19131-0 and/or 307 Grant Avenue, Millvale, PA 15209 was the liquor licensee for the Double L Bar. Upon information and belief, at all times relevant to these proceedings, ThPF Inc. t/d/b/a Ford’s Tavern have been Pennsylvania corporations or alternatively sole proprietorship limited liability companies, partnerships or other entities for profit, with a registered address of 1402 Evergreen Avenue, Millvale, PA, 15209 and owners of a restaurant and bar at that address.”
JLDB, Inc. and Jay’s Other Place were also named in a similar fashion.
“Based upon the information learned in discovery and otherwise as above- stated, plaintiff wants to amend the complaint to join the following as parties and assert negligence and dram shop statute survival and wrongful death claims against them, all as more particularly set forth in the proposed amended complaint: Linsey Messagno, individually and t/d/b/a Double L Bar Inc, Double L Inc.,; ThPF Inc. JThPF Inc. t/d/b/a Ford’s Tavern, Carl J. Barto, individually and t/d/b/a Jay’s Other Place‘ and JLDB, Inc.,” per the motion.
“In addition, plaintiff wishes join John Doe defendants 1-12 and assert negligence and dram shop statute survival and wrongful death claims against them, all as more particularly set forth in the proposed amended complaint. No parties will be prejudiced by allowing plaintiff to file an amended complaint.”
Allegheny County Court of Common Pleas Judge John T. McVay Jr. approved the motion and thus, an amended complaint was then filed on Feb. 15, including the additional defendants.
For multiple counts of negligence, negligent entrustment, dram shop statute (negligence per se), survival and wrongful death, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus court costs, interest, such other and further relief as the Court may deem just and equitable, and a trial by jury.
The plaintiff is represented by Michael P. Marando of Pelini Campbell & Williams, in Canfield, Ohio.
The defendants are represented by Michael F. Fives of Fives & Associates and Edward E. Yurcon of Walsh Barnes & Zumpella, both in Wexford, plus Mark R. Lane of Dell Moser Lane & Loughney, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-003627
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com