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Virginia Personal Injury Attorney
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Why would Charlie Davies, the DC United star player, not have a claim in Virginia courts? (And why Virginia should adopt DC's policy.)
Charlie Davies, the star striker for soccer team DC United, has filed a lawsuit against the bar that served the woman who was the driver in the 2009 one-car accident that left him with a ruptured bladder, multiple fractures and head trauma. The lawsuit has been filed against Das Enterprises, the company which owns the DC bar Shadow Room, where an event was being hosted by Red Bull North America (also named in the suit).
The accident additionally killed the other passenger, Ashley Roberta of Phoenix, Md. The driver of the vehicle was Maria Alejandra Espinoza, who Davies claims was served alcohol after she was already "visibly intoxicated." (Espinoza was previously sentenced to two years in jail for involuntary manslaughter and maiming while intoxicated.)
The District of Columbia Court of Appeals, in 1987, held that a violation of the alcoholic beverage control act, which prohibits serving a person already intoxicated or apparently intoxicated, renders the bar negligent per se in a situation like this. This makes is relatively easy to sue a bar in the District if they have been serving customers who are identified as being noticably drunk.
Even though the accident occurred in Virginia and Virginia outlaws such suits, the District of Columbia Court of Appeals has also held that the claim can proceed in DC. The DC law is a wise one, since it promotes safety and bars should not be immune from liability over serving a drunk.
In a Virginia case called Williamson v. The Old Brogue, Inc., the Supreme Court of Virginia held that it is the drunk driver and not the bar who served the alcohol which is the approximate cause of any accident (the exact opposite view of the District courts). Basically, the Charlie Davies lawsuit would never fly in the state of Virginia.
Davies has filed to receive $20 million in recovery from Das Enterprises and Red Bull North America due to the negligent actions that derailed his promising career. If you might recall, Davies was a regular on the US national team, but was unable to compete in the 2010 World Cup and has not be called up by the team since the accident. Additionally, Davies was on the path to receive a large contract from a European squad, potentially the French club, Sochaux, for which he was playing.
Davis has also incurred a great deal of medical expenses that will continue as he deals with scar tissue and permanent disfigurement. In the meantime, he is second on United in goals scored, with 11, as he continues to try to find the playing form for which he was acclaimed prior to the tragedy.
For more information on personal injury cases, get assess to a free chapter of Ben's book,
The Five Deadly Sins That Can Wreck Your Injury Claim by clicking on this link.
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