Jack O'Dell v. Déjà Vu

Jack O'Dell sued the owner of the Déjà Vu Bar Plainville,

Connecticut in his capacity as Administrator for the Estate of Patrick O'Dell,

on a dram shop act theory claiming that the defendant served alcohol to one Joel

Prachar after he was already in intoxicated. While giving Patrick a ride home

from the bar, Prachar crashed into the back of a truck parked legally on the

side of the road and Patrick was killed. Prachar was later found to have a BAC

of .187. Plaintiff's expert toxicologist estimated that Prachar would have had

to have consumed 15-20 drinks to have that BAC. Patrick was 37 years old at the

time of his death and the father of three boys, ages 7 - 13.



The defenses asserted by the defendant were "no visible intoxication.

Plaintiff's verdict for $4 million capped at $250,000 by Connecticut law, General Statutes § 30-102.

Dr. Charles McKay, Board Certified in Internal Medicine

and Medical Toxicology

None

Editor's Comment: This is but another example of the arbitrary and capricious way in which damage cap statutes denied those harmed by the negligence of others from recovering what they have lost. O'Dell's children will be denied compensation for the loss of their father because of Connecticut's damage limitation legislation.