$1.6 Million Settlement
Two people injured in a drunk driving accident have settled their Boone County dram shop case against the other driver and the entertainment venue serving the alcohol for $1.6 million.
On Nov. 23, 2002, Jason Farrar and his friend Edward Foster went to an afternoon high school football game near Kansas City. After the game they returned to Columbia and joined some friends at a bar, where they had some beer. Farrar and some friends then drove to Midway Expo, Inc.'s exposition center for a rodeo later that evening.
While at the expo center, Farrar was served eight to 10 beers. According to witnesses, his balance became unsteady, his eyes bloodshot, his speech slurred and his mannerisms uncoordinated during the time he was being served.
While driving Foster's Mitsubishi Montero home from the expo center that night, Farrar collided with a 1986 Toyota pickup truck with plaintiff C.L. in the driver's seat and plaintiff C.D. in the passenger seat. The collision, which occurred on eastbound Interstate 70 one half mile east of the U.S. 40 interchange, sent the pickup truck out of control. The truck struck an adjacent rock bluff head-on, ejecting both C.L. and C.D.
C.L. suffered a closed head injury with resulting neurocognitive defect, together with multiple orthopedic injuries including fractures of her hip and lower leg requiring open reduction with internal fixation. C.D. suffered multiple fractures and lacerations to his legs, buttocks, ribs and kidneys.
State highway patrol blood alcohol analysis determined that Farrar's blood alcohol content was .249 percent. In their lawsuit, C.L. and C.D. contended that Farrar's signs while he was still being served alcohol at the expo center indicated "visible intoxication."
After discovery, Farrar's automobile carrier agreed to pay its policy limits of $50,000 per person/$100,000 per occurrence and Midway Expo's general commercial liability carrier agreed to pay its $500,000 liquor limit and its $1 million commercial umbrella limit — for a net settlement of $1.6 million.
Type of Action: Dram shop
Type of Injuries: C.L. — closed head injury with resulting neurocognitive defect, fractured hip and lower leg; C.D. — multiple fractures and lacerations to legs, buttocks, ribs and kidneys
Court/Case Number/Date: Boone County Circuit Court/03CV166456 and 03CV166458/March 2005
Caption: C.L. v. Farrar, et al. and C.D. v. Farrar, et al.
Judge, Jury or ADR: Jury
Name of Judge: Not assigned
Verdict or Settlement: $1.6 million settlement
Special Damages: C.L. — $400,000 medical expenses, $250,000 past and future lost wages; C.D. — $32,000 medical expenses, $10,000 lost wages
Allocation of Fault: Joint and several liability between defendants Farrar and Midway Expo, Inc.
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiffs: James G. Krispin, St. Louis; John Lake, Jefferson City
Insurance Carrier: Confidential
Plaintiffs' Expert: John Brick, Yardley, Pa. (biological psychologist)
Defendants' Experts: None
June 20, 2005
