» Joyce & Reyes Personal Injury Attorney Explains Wrongful Death Lawsuit Against Alleged Drunk Driver and Clearwater Nightclub

Joyce & Reyes Personal Injury Attorney Explains Wrongful Death Lawsuit Against Alleged Drunk Driver and Clearwater Nightclub

Tampa, FL (Law Firm Newswire) February 19, 2014 - The parents of a woman killed by an allegedly drunk driver are suing the driver and the nightclub where he worked.

In the early morning hours of September 2, 2013, Christopher Patrick Weed left Shephard's Beach Resort in Clearwater, Florida after finishing his shift as a “bar back.” According to the lawsuit, he had consumed “numerous” alcoholic beverages over the several hours previous. At about 6 a.m., on Clearwater Memorial Causeway, Weed struck and killed Rob Lemon, 25, and his girlfriend, Hilary Michalak, 27, who were riding a tandem bicycle.

Tampa personal injury attorney Robert Joyce, who is not involved in the lawsuit, explained its content.

“The lawsuit against the driver is pretty straightforward,” said Mr. Joyce. “He admitted to striking the two bicyclists the day after the accident. It was too late to get a blood alcohol reading on him, but apparently, there are witnesses to his drinking that night. The lawsuit against the nightclub, however, is trickier. The plaintiffs claim Shephard's violated Florida's 'dram shop' law, which holds businesses liable for selling alcohol to 'habitually addicted' individuals who then go on to cause injury or damage.”

The lawsuit claims Weed is a “habitual drunkard” who repeatedly consumed alcohol while working and goes on to say that his co-workers knew or should have known he was drunk when he left work. The suit also states that Shephard's violated “accepted practices” by allowing staff members to drink while working.

Lemon died the day of the accident. Michalak died after nearly three weeks in a coma at St. Petersburg's Bayfront Health hospital. Michalak's family, who filed the lawsuit, seeks damages exceeding $15,000 to cover medical and funeral expenses. The Lemon family has not said whether they will join the lawsuit.

At least two other drivers have caused serious auto accidents after leaving Shephard's. In April 2009, Joshua West left Shephard's and crashed into Andrew Hall, severing Hall's leg. West's blood alcohol level was 0.188. In August 2002, Wayne Massmann veered off the Memorial Causeway after leaving Shephard's. Two passengers escaped the car after it plunged into the water, but Massmann, who was ejected from the vehicle onto the bridge, was killed.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007


View Larger Map

  • Wrongful death lawsuit filed by family of Florida nursing home resident who died after Hurricane Irma
    The family of Miguel Antonio Franco has filed a wrongful death lawsuit against the south Florida nursing home where he and 10 other elderly residents died after Hurricane Irma. The hurricane struck on September 10 leaving the facility without air conditioning for days. The lawsuit claims that The Rehabilitation Center at Hollywood Hills failed to […]
  • Attorney for Aaron Hernandez’s daughter files lawsuit against NFL over severe brain injury
    Aaron Hernandez’s daughter has filed a lawsuit against the NFL and the New England Patriots, after the former football player was diagnosed postmortem with State III chronic traumatic encephalopathy, or CTE. Hernandez was a standout University of Florida football player before playing for the Patriots. He was arrested in 2013 for the murder of Odin […]
  • Florida pill mill operator sentenced to six years in prison
    A Florida “pill mill” operator was sentenced to six years in federal prison, after prosecutors said he made “exceptional” efforts to help investigators, which led to convictions of other people involved in illegal distribution of prescription drugs. Pasquale Gervasio who helped run pain clinics in Florida, which were raided in 2011, pleaded guilty to a […]
  • Florida couple file medical malpractice lawsuit over allegedly botched surgery
    A Florida couple filed a medical malpractice lawsuit against a medical facility and doctor, claiming that a surgery resulted in nerve damage. Knud Hostrup and Maria Luzia Hostrup filed the lawsuit against doctor Matthew E. Wells and an orthopedic surgery and sports medicine center May 2, alleging medical malpractice. The complaint alleges that Mr. Hostrup […]
  • Florida family wins $33.8 million medical malpractice award in brain injury case
    A Florida family was awarded $33.8 million in a medical malpractice lawsuit after a judge ruled that a baby’s irreversible brain damage was caused by the decisions of a federally employed doctor. The baby’s mother was a patient at Jessie Trice Community Health Center in Miami Gardens, Florida when the baby was born on December […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required