A national restaurant chain has agreed to pay $1.5 million to the family of a 20-year-old man who was killed in a 2008 drunken-driving accident. The settlement came just as the lawyers for Dave & Buster’s and the lawyers for the family of Joseph Borselio were getting ready to select a jury in the case, which was ready for trial in state Superior Court. Borselio, 20, was killed in September 2008 while riding his bicycle after Douglas Moore struck him during a late-night accident. Moore was driving home from Dave & Buster’s in West Nyack, N.Y., at the time of the accident. It was contended that the restaurant chain, which is based in Texas, over-served alcohol to Moore.
In addition to Moore, four restaurant senior executives were named in the 2009 lawsuit, which was based on a dram shop law. Under the law, commercial establishments can be held liable for injuries or deaths that result from patrons involved in drunken-driving accidents. Moore, who is serving four years in jail, had a blood-alcohol content of 0.21 the night of the crash. The legal limit in the state is 0.08.
The amount of the settlement will be in addition to the $300,000 the family received in settlement from Moore’s insurance company last year. Eric Smith, who is with the Stratton Faxon law firm, located in New Haven, Conn., represented the Plaintiff and he did a very good job.
Source: Greenwich Time
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