A local VFW post is being sued for allegedly selling alcohol to a woman, who was later involved in a motor vehicle accident.
Christina Madon, Charles Madon, and Carol Asher filed suit Dec. 28 in Whitley Circuit Court against Pierce Dant Hamblin Post 3167 Veterans of Foreign Wars of the United States Inc.
The lawsuit alleges that on Dec. 29, 2003, Post 3167 permitted the sale, purchase and consumption of alcoholic beverages on their premises, including the sale of alcohol to Darlene Strunk, who allegedly consumed it on post premises, according to the lawsuit.
“While operating her motor vehicle in an intoxicated state, Strunk carelessly and negligently caused her motor vehicle to collide with the motor vehicle in which the plaintiff’s Carol Asher and Christina Madon were occupants,” Attorney David Kersey wrote in the lawsuit.
“As a proximate and direct result of the willful failure by the defendant to supervise its agent or employee, the plaintiff’s received severe and permanent injuries.”
The lawsuit asks for a judgment to compensate Asher and Christina Madon for their injuries, future medical bills, treatment, and services, and for pain and suffering. In the lawsuit, Charles Madon asks for compensation for his loss of companionship and consortium.
In addition, the lawsuit asks for punitive damages against Post 3167 for a violation of state law that resulted in damage, injury and loss.
“The defendant, Post 3167, had a duty and obligation to provide protection for others and to exercise care and diligence in the performance of that duty to prevent intoxicated persons from leaving its business premises while operating a motor vehicle,” Kersey wrote in the lawsuit.
According to district court records, Strunk was charged with second offense operating a motor vehicle under the influence of alcohol/drugs on Dec. 29, 2003.
Court records indicate the charge was dismissed on March 16, 2004.
County Attorney Paul Winchester filed a motion on March 24 to reinstate the charges, but on May 25, Judge Cathy E. Prewitt denied the request, according to court records.
However, on Nov. 8, a Whitley County Grand Jury indicted Strunk on two counts of second-degree assault in connection with the accident.
According to the indictment, Strunk was allegedly driving under the influence at the time of the wreck.
The assault case is still pending.
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