Russ Brown Motorcycle Attorney: On July 27 2009, Michael Clark was drinking at an Applebee’s restaurant in Saratoga Springs, New York and decided to get into a flatbed truck and drive. At an intersection a short distance away, Clark made a sudden left turn directly in front of a Harley Davidson motorcycle being driven by a former marine, causing a devastating collision between the two vehicles.
The motorcyclist and former marine suffered serious injuries, including the amputation of his right leg, severe internal injuries, and fractured bones. He has since undergone several surgeries to repair the damage caused by the accident.
According to court documents, Clark had consumed three whiskey and 7-Ups in one hour at the Applebee’s prior to the crash. He was found to have a .19 blood alcohol level two and a half hours after the motorcycle accident occurred when, faced with the prospect of the police getting a warrant for a blood test, he finally consented to one after twice refusing.
Russ Brown’s New York motorcycle lawyer, David Everett, filed suit against Clark, the Applebee’s restaurant, and Kimberly Ward, the owner of the flatbed truck. The insurance company covering Clark and Ward surrendered their policy of $100,000. Applebee’s ultimately agreed to pay a $3.75 million settlement to avoid a costly trial where the plaintiff’s attorneys would try to show that Clark was visibly intoxicated while being served alcohol.
An emergency medicine physician who is also a medical toxicologist would have testified on behalf of the victim that Clark’s .19 blood alcohol content (BAC) more than two-and-a-half hours after leaving the restaurant meant that Clark’s BAC was between .23 and .296 percent when he left Applebee’s. This showed that Clark had been drinking before he arrived at Applebee’s and was visibly intoxicated while he was being served there.
“If you serve a visibly intoxicated person and that person injures a third person, you are legally responsible for their actions.” said David Everett
According to Verdict Search, this settlement in one of the highest in New York State for the first six months of 2011.