Bugsy's Beer Garden, Ruby Tuesday's sued for wrongful death of police officer
Kyla Asbury Aug. 6, 2012, 4:57am
MORGANTOWN -- The co-administrators of the estate of a deceased police officer are suing Bugsy's Beer Garden and Ruby Tuesday's, Inc. after they claim the companies are responsible for their son's death.
Jerod Alan Green was also named as a defendant in the suit.
Clarabelle, LLC is doing business as Bugsy's Beer Garden.
On Feb. 18 at approximately 1:45 a.m., Green was negligently and recklessly operating a 2009 Chevrolet Silverado on Interstate 79 in Greene County, Pa., at or near the West Virginia state line when he collided with a police cruiser being operated by Michael Todd May, who was serving the public in his capacity as a law enforcement officer, according to a complaint filed July 19 in Monongalia Circuit Court.
Franklin Gerald May and Catherine Faye Baker May claim at the time of the collision, Green was driving under the influence of alcohol and other drugs; was involved in a high-speed flight from a prior accident he had caused on the public highways; fleeing the scene of that accident; and was fleeing pursuit by the Monongalia County Sheriff's Department.
Green was traveling in a southerly direction on Interstate 79 while Michael May was in the median of Interstate 79 attempting to assist his fellow officers in apprehending a fleeing hit-and-run drive, according to the suit.
Franklin May and Catherine May claim Green operated his vehicle in a grossly negligent, reckless and careless manner, in violation of a number of traffic and highway statutes.
As a direct result of Green's unlawful conduct, carelessness, recklessness and gross negligence, Michael May sustained serious physical injuries which ultimately resulted in his untimely death, according to the suit.
Franklin May and Catherine May claim prior to the accident, Green was a patron at Bugsy's and Ruby Tuesday's, where he was served alcoholic beverages to a point where his blood alcohol content was .189 or above.
Bugsy's and Ruby Tuesday's failed to stop serving, furnishing or selling alcoholic beverages to Green after they knew or should have known that he was visibly and noticeably intoxicated and incapable of operating a motor vehicle safely, according to the suit.
Franklin Green and Catherine Green are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by James A. Varner Sr., James N. Riley, Debra Tedeschi Varner and Matthew T. Thorn.
Monongalia Circuit Court case number: 12-C-480