The Detroit Free Press reports a unique case of a bar admitting liability in a DUI wreck caused by a patron who left the establishment.

The Pantheon Club, a topless bar in Dearborn, has admitted it was at least partially responsible for over-serving a patron. The man allegedly was vomiting before be passed out drunk at the club. He then left the club in the driver's seat of his vehicle.

Jackson caused an accident involving 9 vehicles and injuring 3 when he left The Pantheon Club that night. The family of victim Kenneth Brzenzinski, who died in the crash, is now suing the club in relation to an accident that occurred in March of 2006. The plaintiffs say the bar contributed to the delinquency of Ronnie S. Jackson, who is now in jail after a no contest plea to second-degree murder. 

The plaintiff is seeking approximately $10M in damages from the wreck. The state of Michigan provides for a dram shop rule. This rule states a bar or restaurant can be held liable for serving alcohol to a visibly intoxicated person if the person later causes injury. Dram shop arguments are often difficult to substantiate because they require proof a person was visibly intoxicated and the server knew the person was intoxicated. In this case, however, since witnesses can testify to the state of Jackson before he left the club, the case may succeed.

There is video evidence from the club's own cameras that shows Jackson consuming at least 10 drinks. He is then shown passed out at a table before vomiting. The club eventually had to throw Jackson out due to his intoxication. Jackson has accepted full responsibility through his no contest plea. The club has accepted some degree of liability as well. Whether the plaintiff will recover funds in the amount of $10M is yet to be seen.


Tagged in: michigan dui , dui , dram shop law , detroit dui

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