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Plaintiff blames local bar for fatal DUI accident

PENNSYLVANIA RECORD

Wednesday, November 27, 2024

Plaintiff blames local bar for fatal DUI accident

State Court
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A tragic and preventable accident has led to a significant lawsuit involving multiple parties. Wendy M. Rockacy, individually and as Administratrix of the Estate of her deceased husband, Douglas D. Rockacy, filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania on [date], against Joseph Yanta, Claire Yanta, Robert Cenci Jr., Cenci Enterprises Inc., and Cenci’s Pizzeria and Bar.

The complaint alleges that on July 15, 2022, Douglas D. Rockacy was a passenger in a vehicle driven by Joseph Yanta after both had consumed excessive amounts of alcohol at Cenci’s Pizzeria and Bar. According to the lawsuit, Joseph Yanta was visibly intoxicated when he arrived at the establishment and continued to drink heavily throughout the evening with the knowledge and encouragement of the bar staff. The complaint details that from approximately 9:00 p.m. until 12:30 a.m., Yanta consumed six or more alcoholic beverages along with shots of hard alcohol served by the bar's employees.

Wendy M. Rockacy asserts that despite his visible intoxication, staff at Cenci’s Pizzeria and Bar continued to serve Yanta alcohol without taking any steps to assess his condition or stop serving him. The lawsuit further claims that Robert Cenci Jr., owner and manager of the establishment, was present during this time and witnessed both patrons being overserved but did nothing to intervene.

Tragically, after leaving the bar around 12:34 a.m., an intoxicated Joseph Yanta drove at speeds up to 128 mph in a 35 mph zone before losing control of his vehicle, resulting in a crash that ejected Douglas D. Rockacy from the car and caused his death due to multiple blunt force injuries.

The plaintiff accuses Joseph Yanta of negligence for driving while intoxicated and violating several Pennsylvania Vehicle Codes including homicide by vehicle while driving under the influence (DUI), reckless driving, and involuntary manslaughter. Additionally, Claire Yanta is accused of negligent entrustment for allowing her husband to drive her vehicle despite knowing his habitual drinking behavior.

Cenci Enterprises Inc., along with its establishment Cenci’s Pizzeria & Bar, are accused under multiple counts including negligence per se for violating Pennsylvania Dram Shop laws by serving alcohol to visibly intoxicated individuals. The plaintiff also charges them with corporate negligence for failing to train their employees properly in responsible alcohol management practices.

Wendy M. Rockacy seeks compensatory damages for pain and suffering endured by her late husband prior to his death, loss of earnings, medical expenses incurred on behalf of Douglas D. Rockacy, as well as punitive damages against all defendants for their reckless conduct which led to this tragic incident.

Representing Wendy M. Rockacy are attorneys Patrick W. Murray Esq., Jonathan M. Stewart Esq., from SMT Legal law firm based in Pittsburgh PA.

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