Woody’s sued for vehicular accident

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Woody’s Bar is the target of a lawsuit stemming from a vehicular accident on Interstate 95.

 

On Dec. 7, 2014, Daniel A. Callaway, a certified EMT and firefighter, suffered extensive injuries while tending to a disabled vehicle on I-95 in Tinicum Township, Delaware County. A vehicle driven by Corrin R. Collier sideswiped the disabled car, pushing it into Callaway. The driver of the disabled vehicle, Jamar D. Palmer, had been drinking at Woody’s, 202 S. 13th St., prior to the accident, according to a lawsuit filed in November by Callaway.

Callaway is seeking compensatory and punitive damages in excess of $50,000 from Woody’s, according to his lawsuit.

Callaway’s injuries included: a fractured and dislocated pelvis; a fractured right femur, tibula and fibula with insertion of plates and screws; two holes in his bladder; a fractured right knee; a fractured right ankle with insertion of screws; removal of a small piece of colon and resulting colostomy bag; permanent facial scarring and disfigurement. 

He alleges Woody’s creates an environment encouraging excessive alcohol consumption; repeatedly serves alcoholic drinks to visibly intoxicated patrons, which included Palmer; retains incompetent and unsupervised employees; prioritizes profits over the safety of patrons; exceeds occupancy limits; permits illegal activities on the premises; and fails to notify police when visibly intoxicated patrons leave. 

Palmer, 27, was charged with DUI, careless driving, disregarding a traffic lane and related offenses. His blood-alcohol level was 0.16, which exceeded the legal limit. 

The New Castle, Del., resident was placed in a diversionary program as an alternative to jail time, and his license was suspended for two months. Additionally, Palmer was ordered to perform 64 hours of community service, attend alcohol-safety classes and pay about $2,000 in fines. 

Attorneys for Woody’s recently requested the dismissal of Callaway’s claim for punitive damages. 

“[Callaway] has failed to produce any facts or evidence of specific acts or omissions on the part of defendant which rise to the level of conduct sufficient to sustain a cause of action for punitive damages or to support claims of recklessness,” the filing states. “Furthermore, there is no evidence that [Woody’s] conduct was extreme, outrageous or outside the bonds of decency to be intolerable to a civilized society and therefore all claims of punitive damages and reckless conduct should be stricken and dismissed with prejudice.” 

Callaway is seeking a jury trial. As of presstime, a trial hadn’t been scheduled.

Neither side had a comment for this story.