» 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

  • Tampa mother seeks changes to Florida medical malpractice law
    A Tampa mother wants changes to medical malpractice laws in Florida, after, she says, a hospital refused to release her son’s medical records until after it was too late to file a medical malpractice lawsuit. Jane Muino’s son Charlie is 11 years old and cannot walk or talk due to brain damage. Muino said Charlie […]
  • Florida jury awards 10 million dollars in wrongful death lawsuit
    A jury in a Florida wrongful death lawsuit found Domino’s Pizza liable for car accident that left a man paralyzed from the waist down and ultimately resulted in his death. After Richard Wiederhold, a Brevard County fire chief, was hit by a pizza delivery driver, he was left paralyzed, and his wife had to take […]
  • Learn the facts about medical malpractice
    Medical malpractice causes thousands of injuries and deaths every year. Here are the facts you should be aware of. • Medical malpractice is the third most common cause of death in the United States, after heart disease and cancer, according to research published in the Journal of Patient Safety, which estimates that up to 440,000 […]
  • Robert Joyce honored with 2016 Champion of Justice award
    Attorney Robert Joyce will receive the 2016 Champion of Justice award from the Tampa Bay Trial Lawyers Association. This prestigious award has only been given seven times in the past, and it is only presented to attorneys who have demonstrated an exceptional lifetime commitment to the service of justice. The Tampa Bay Trial Lawyers Association […]
  • Tampa Bay area pill mill doctor and wife convicted on drug charges
    A Tampa doctor who practiced in Pinellas Park, and his wife, were convicted of federal drug conspiracy charges, for prescribing oxycodone and other medications that a jury found led to three patient deaths. Dr. Edward Neil Feldman, a 76-year-old orthopedist, and his wife Kim Feldman, were both convicted on five related counts in a case […]

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



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

* indicates required