Throughout one afternoon and early evening, Jamie Lee Coker was a patron at Mom’s Biker Bar, which allegedly continued to serve him drinks even after he was visibly intoxicated.  Coker left the bar with a blood alcohol level more than twice the legal limit and began driving.

At the same time, Joe Wallace was driving his wife, daughter, and mother in the opposite direction on the same street.  Coker suddenly drove into the Wallaces’ lane and hit their car head-on.  Wallace’s mother, who was 73, died at the scene and is survived by her two adult children.  Her funeral expenses were $10,000.

Wallace’s 21-year-old daughter, Monica, suffered a punctured lung, internal injuries that led to the removal of her spleen and right kidney, a torn colon, and collarbone and rib fractures.  Her medical expenses totaled about $72,900.  She was a full-time student and did not claim lost income.

Wallace, 55, suffered a closed-head injury, fractures to his collarbone and ankle, a dislocated shoulder, and multiple lacerations, incurring medical expenses of about $42,900.  A retail sales merchandiser earning about $25,000 annually, he incurred lost income of about $10,200.

Wallace’s wife, Lyn, 53, sustained fractures to her leg, heel, and ankle and multiple contusions and lacerations, incurring medical costs of about $37,900.  A nurse earning $56,000 annually, she claimed lost income of about $16,600.

Wallace; his daughter; his wife; and his sister, individually and on behalf of her mother’s estate, sued Coker and the owner of the bar that served him alcohol before the crash.  The suit against Coker alleged driving under the influence, failure to keep a proper lookout, and speeding, among other claims.

The suit against the bar’s owner alleged the bar served Coker alcohol even though it was or should have been obvious that he was intoxicated.  The plaintiffs alleged the bar’s employees should have called Coker a taxi or ensured that he had a ride with a sober driver.

The bar’s owner contended that Coker’s driving while intoxicated was an intervening cause, making him solely responsible.

            A jury awarded the plaintiffs $2.3 million, including about $1.58 million to Wallace’s daughter, about $239,100 to Wallace, about $202,000 to his wife, $40,000 to his sister, and $10,000 to his mother’s estate.  Coker was found 97 percent responsible and the bar 3 percent at fault.  The jury also assessed $250,000 in exemplary damages against Coker.  [Wallace v. Coker, No. 2006-2701-CCL2 (Tex., Gregg Co. Nov. 20, 2008).]