PITTSBURGH – A Western Pennsylvania man severely injured in an automobile accident while driving under the influence, has sued the establishments who allegedly violated state law by over-serving him with alcoholic beverages.
Joseph H. Yanta and Claire Yanta of Franklin Park filed suit in the Allegheny County Court of Common Pleas on April 12 versus Shannopin Country Club of Ben Avon and Cenci Enterprises, Inc. (doing business as “Cenci’s Pizza”), of Wexford.
The suit says that on July 15, 2022, husband-plaintiff Joseph H. Yanta spent the day at Shannopin Country Club, from approximately 9 a.m. to 8:30 p.m., playing golf and consuming alcohol. Over the course of his eleven-and-a-half hours at the club, the suit explains he consumed only water and coffee on the first nine holes of golf, but while on the back nine, drank a 12-ounce beer, a 20-ounce Kentucky Mule and six 20-ounce Bourbon Manhattans.
Subsequently, the suit states, the husband-plaintiff drove to Cenci’s Pizza and consumed two additional Kentucky Mules, three full shots of alcohol and one partial shot of alcohol over the next two-and-a-half hours, completing the drinks he was served by 11:20 p.m. and leaving Cenci’s Pizza just over one hour later, at 12:34 a.m.
Just shortly after leaving the restaurant, the suit adds the husband-plaintiff was speeding and crashed his Tesla automobile, resulting in the following injuries: A frontal skull fracture, right eye orbital floor fracture, left eye orbital floor fracture requiring surgical repair and reconstruction with hardware, nasal fracture, left posterior fractures of ribs 4- 11, left-sided pneumothorax, grade I or II liver laceration, spleen rupture requiring surgery. T11 and L1 vertebral compression fractures. T11 to L3 spinal process fractures and left fourth metacarpal fracture.
“At 2:18 a.m., husband-plaintiff’s blood was drawn and the blood alcohol content at 2:18 a.m., approximately three hours after his consumption of alcoholic beverages stopped, was 0.172,” the suit says.
“The accident as described above was caused by the liquor license violations of both defendants in serving alcohol to husband-plaintiff while he was visibly intoxicated, and thus, incapable of safe driving, and while knowing that husband-plaintiff might thereafter operate a motor vehicle and cause injury to himself and others, solely due to husband-plaintiff’s visible intoxication.”
For multiple counts of violating the Dram Shop Act, negligence and recklessness, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus punitive damages.
The plaintiffs are represented by James E. DePasquale in Pittsburgh.
The defendants have not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-24-004228
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com