In Olympia, The Washington State Supreme Court, in a unanimous opinion, reinstated a $14 million award in a DUI case.
The plaintiff in the case, Bianca Faust, sued The Bellingham Moose Lodge and Alexis Chapman a bartender of the lodge, as well as the Estate of Hawkeye Kinkaide. Kincaide, who was Alexis Chapman's boyfriend, drank at the Bellingham Moose Lodge where he was served by Chapman. There was evidence that had not consumed alcohol prior to arriving at the tavern and that at the time of the collision he was above the blood alcohol content (BAC) legal limit. When he drove away from the lodge, he collided with a car driven by Bianca Faust. The impact killed Kincaide, paralyzed Faust's minor son and injured Faust.
The Appellate Court overturned the $14 million jury award for injuries sustained to Faust and her family. The issue in the case related to the type and level of evidence required to prove that a tavern's bartender(s) negligently continued to serve drinks to a visibly intoxicated patron. The Supreme Court unanimously ruled that evidence sufficient to submit the issue of negligent overservice to a jury may be either direct or circumstantial and that evidence of BAC and autopsy reports can corroborate evidence of postservice appearance and support an inference that a defendant appeared under the influence at the time he was served.
