Woman sues The Cold Spot for daughter's death
Kyla Asbury Feb. 6, 2012, 3:56am
CHARLESTON -- A woman is suing The Cold Spot after she claims the business sold alcohol to a woman who was involved in a vehicle accident that killed her daughter.
Hilda Jerrell was also named as a defendant in the suit.
On June 1, 2011, Jerrell was the driver of a 2008 Ford Explorer traveling north on W.Va. Route 16 in Hilltop when she negligently, unlawfully and recklessly operated her vehicle, causing it to crash head on into a car that Cindy Thomas was driving, according to a complaint filed Jan. 18 in Kanawha Circuit Court.
Cindy Anderson claims Jerrell had been a patron at The Cold Spot before the accident and The Cold Spot had negligently sold and provided Jerrell with a quantity of alcohol that caused her to be inebriated.
The vehicle accident caused the death of Thomas, according to the suit.
Anderson claims the defendants' unlawful, negligent and reckless actions caused and/or contributed to the wrongful death of Thomas.
The Cold Spot knew or should have known that Jerrell was in a physically incapacitated state due to her consumption of alcohol, according to the suit.
Anderson is seeking compensatory and punitive damages. She is being represented by Paul M. Stroebel.
The case has been assigned to Circuit Judge James C. Stucky.
The Cold Spot has been sued a few times in recent years.
In 2009, a Kanawha County man alleged that The Cold Spot and McNally's Pub not only served alcohol to his underage son earlier this year, but also contributed to his death.
Kenneth Legg alleged both bars are responsible for the death of his son, James Scott Legg, who died in a single-vehicle accident a month before his 21st birthday, and just over a mile from his father's home.
However, while there, Legg "purchased seven (7) shots of liquor, one drink which contained approximately four (4) shots of liquor. The drink was nicknamed by The Cold Spot " 'Hasta La Vista M-----f-----,'" the suit alleged.
And last November, a Kanawha County couple sued after Rita Brock slipped and fell on ranch dressing that had spilled on the floor there.
Kanawha Circuit Court case number: 12-C-134