MEDIA – A man who crashed his motorcycle while under the influence of alcohol and suffered spinal and leg injuries as a result, has sued the pub which he alleges overserved him alcoholic beverages and allowed him to drive at the end of the night.
Roger Lee Burke and Colleen Burke of Upper Chichester filed suit in the Delaware County Court of Common Pleas on April 14 versus Tumble Inn (doing business as “Pub on the Pike”), its owner Joseph Magee and two other John and Jane Doe owners, all of Prospect Park.
“Upon information and belief on or about April 15, 2021, plaintiff Roger Lee Burke, started drinking alcoholic beverages at Tumble Inn, located in Prospect Park, Delaware County, Pennsylvania at approximately 8 p.m. Plaintiff continued drinking a significant amount of alcohol throughout the night and into the early morning hours of April 16, 2021, to which he consumed approximately 13 beers and one shot of distilled spirits,” the suit says.
“Upon information and belief, on or about April 15, 2021, and continuing into the early morning hours of April 16, 2021 (8 p.m. to 2 a.m.) at Tumble Inn, plaintiff was served alcoholic beer and distilled spirits as a patron by the employee bartender. Upon information and belief, plaintiff and employee bartender had developed a personal relationship, and at some point during the night the two decided that when the bar closed, the bartender would follow plaintiff to her residence in Marcus Hook, Delaware County, Pennsylvania.”
The suit adds that despite the visibly intoxicated state of plaintiff Roger Lee Burke, the defendants served him additional alcoholic beverages.
“At approximately 2:15 a.m. on April 16, 2021, a visibly intoxicated plaintiff exited Tumble Inn and with the bartender following closely behind in her personal vehicle, began operating his Harley Davidson motorcycle on a public highway. At approximately 2:22 am on April 16, 2021, on the ramp from Stewart Avenue (Exit 8) to I-95 South (Vietnam Veterans Memorial Highway), Ridley Park Borough, Delaware County, Pennsylvania, plaintiff lost control around the curve of the on ramp and was thrown from the motorcycle,” the suit states.
“As a result of said accident, plaintiff sustained serious head injuries and was transported to the Crozer-Chester Hospital by Tinicum Township Medic Unit. As a result of said accident, plaintiff suffered serious injuries, consisting of but not limited to, a brain bleed, cervical fracture, right tibia fracture, neck and low back pain and mood swings. As a result of said accident, plaintiff was in a coma for three days, hospitalized for three weeks, and in rehabilitation for four weeks after that.”
The suit says that by serving additional alcoholic beverages to plaintiff Roger Lee Burke, the Tumble Inn defendants “created a dangerous and hazardous condition for plaintiff and the general public.”
For counts of negligence (Dram Shop Act) and loss of consortium, the plaintiffs are seeking, jointly and severally, damages in excess of $50,000, exclusive of costs pre-judgment interest, post-judgment interest and punitive damages.
The plaintiffs are represented by Joseph A. Malley III of Malley Law, in Media.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-003225
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com