Parties Settle in Fatal DUI Case
Hennessey v. Pond $2 Million Settlement
The bar argued that the bartenders were all certified, the bartenders received continuous training and the policies that the bar used were derived from the Responsible Alcohol Management Program, which the plaintiff contested in his memorandum.
Kenny's Bar also contended in its memo that Pond's friend testified that he never saw her consume alcohol at the bar and that she was on the dance floor most of the time.
The memo also said that Pond was speeding, it was raining outside and Hennessey and Lees began arguing and screaming in the car just prior to the accident, which distracted Pond.
Kenny's Bar further alleged that Paddy Whack's was negligent, and said in its memo that videos showed the establishment violated the Dram Shop law.
CMJ contended, in its pretrial memo, that Hennessey was negligent per se because Hennessey and Lees furnished Pond with alcohol. The memo further contended that Hennessey was comparatively negligent, as Hennessey and Lees were aware that Pond was drinking before the accident.
The plaintiff's memo contended that Hennessey was in pain before she died. The memo further noted that Hennessey had been accepted to Kutztown University and she was close with her nuclear family.
The plaintiff's expert neuropathologist opined that, although the cause of death was traumatic brain injury, she sustained injuries after the vehicle struck a curb but before it hit the pole. He further opined that Hennessey would have suffered two to five seconds of pre-impact terror and that smoking marijuana several hours before the accident would not have had any effect on Pond's driving.
The plaintiff's economic expert opined that Hennessey's lifetime earning capacity was between $1.2 million and $2.3 million.
Kenny's Bar disputed the plaintiff's economic expert and said her economic losses were as low as $366,031.
An anesthesiology expert on behalf of Kenny's Bar opined that Hennessey would not have suffered any pre-impact terror due to "cortical activation delay," which is a multisecond pain delay following an injury.