Attorneys for Woody’s Bar want a change of venue for a lawsuit seeking more than $100,000 in damages from the bar because it allegedly contributed to a traffic accident by serving a patron too much alcohol.
Daniel A. Callaway claims that an inebriated patron at Woody’s later drove a car while under the influence, causing him to be injured in a traffic accident.
On Dec. 7, 2014, 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 vehicle, 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.
The suit was filed in Philadelphia Common Pleas Court.
Palmer was charged with DUI and related offenses, and placed in a diversionary program as an alternative to jail time. His blood-alcohol level was 0.16, which exceeded the legal limit. Palmer’s driver’s 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.
Collier wasn’t charged with any criminal wrongdoing.
Callaway’s injuries include: 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; and permanent facial scarring and disfigurement.
Callaway alleges that Woody’s staff served Palmer when he was visibly intoxicated and failed to take reasonable measures to prevent him from leaving the establishment and driving a vehicle, prior to the accident.
In a Feb. 24 filing, attorneys for Woody’s asked that the case be transferred to Delaware County Common Pleas Court, where Callaway is suing Palmer and Collier.
The filing notes that the accident occurred in Delaware County, Callaway doesn’t live in Philadelphia and most of the witnesses are located in Delaware County.
“[Woody’s] requests this case be transferred to Delaware County for consolidation with the Delaware County case that was filed prior to this Philadelphia action so that the liability and damages of all the parties can be determined in a single litigation, to avoid multiple concurrently proceeding litigations, duplication of time, costs and expenses and the avoidance of inconsistent and/or contrary verdicts,” the filing states.
The filing acknowledges that Woody’s Bar conducts business in Philadelphia. But it emphasizes that having one trial in Philadelphia and another in Delaware County would be “oppressive and vexatious.”
“The investigating police officers, as well as the accident reconstruction officers, all are stationed outside of Philadelphia — in fact in Media, Delaware County,” the filing adds. “Most, if not all, of [Callaway’s] medical providers, including the Crozer Medical Center, are outside of Philadelphia and, in fact, the Crozer Medical Center and the physicians who treated [Callaway] in the trauma unit are all in Delaware County. Finally, [Callaway] chose the jurisdiction of Delaware County to file another lawsuit relating to and resulting from the same accident. But for some unknown reason he did not include [Woody’s Bar] in that prior lawsuit.”
Neither side had a comment for this story.
Legal research shows that large urban centers tend to adjudicate higher-damage awards for plaintiffs, as opposed to smaller, conservative areas such as Delaware County.
As of presstime, Woody’s request for a change of venue remained pending before Common Pleas Judge John M. Younge.