On the night of December 4, 2010 Lexa Cleland, 7, was asleep in the backseat of her mother’s car as she was killed instantly when struck by a drunk driver. Travis Isiminger spent the afternoon and evening drinking at Hofbrauhaus Pittsburgh LLC where according to The American Association for Justice’s Trial Magazine, a security guard told the manager that Isiminger was intoxicated. After he vomited in the bar, he was escorted out of the bar but no one said anything as he stepped into his car and drove home.
While driving, he crossed the centerline and collided with Nicole Cleland, 37, who was seven weeks pregnant and traveling with her daughter, Lexa. Cleland suffered from pelvic fractures, hip injuries, a lacerated kidney and liver, crushed spinal nerves, and a traumatic abortion resulting in a heart attack. Lexa suffered fatal injuries.
With the help of a personal injury lawyer, Cleland sued Hofbrauhaus claiming the bar overserved alcohol to Isiminger. The wrongful death suit voiced that the bar paid a commission to the manager based on alcohol sales volume, thus encouraging excessive drinking. Cleland also sued Isiminger who pleaded guilty to vehicular homicide. The decision by an Allegheny, PA court concluded that Hofbrauhaus settle for $15.5 million, and Isiminger for his $100,000 policy limits.
Mothers Against Drunk Driving has outlined the statutes for DUI that result in homicide for each state. As seen in Cleland’s case, contacting an experienced personal injury attorney can help make sure your case is settled correctly according to these statutes. If you or a loved one are involved in an unfortunate drunk driving accident our Rhode Island personal injury with alcohol lawyers are passionate about ensuring justice where it is due for you.