Rack's Bar & Grill in Atco, New Jersey has been identified as being 75% liable in the 2007 death of Mary Elenbark and faces paying up to $15 million in injury compensation.
Mary Elenbark was riding on a motorcycle with her husband George on the night of the accident when they struck by Steven Evans, who was drunk driving.
Mr. Evans had been drinking at Rack's Bar & Grill and the bar had continued to serve him alcohol, even after it was obvious that he was intoxicated.
When Mr. Evans was pulled over, he failed a sobriety test. His blood alcohol level was 0.10%, 25% higher than the legal limit.
Mrs. Elenback suffered head injuries and was taken off life support after a week. Mr. Elenback required surgery on his left leg and can now only walk with the help of a cane and has no feeling in his left ankle.
According to New Jersey Law, if a party is over 60% liable for an accident, they may be forced to pay the whole amount of the damages. This is why the bar has to pay such a large compensation payment.
According to New Jersey law, restaurant that continues to serve alcohol to a person who is clearly intoxicated is liable for damages caused by the intoxicated person.
Mr. Evans was found to be 25% liable in the accident and has been sentenced to 4 years in prison for drunk driving and fleeing the scene of a serious injury.