MARTINSBURG - A Berkeley County man is suing the VFW in Berkeley Springs because it allowed a non-member to drink, leading to an automobile accident.
Douglas P. Tinsman filed the lawsuit July 12 in Berkeley Circuit Court against Risinger-Stotler Post No. 4019 of Veterans of Foreign Wars.
He says that his wife Brenda, who has since passed, was denied companionship with him during her last months alive because of the wreck and is also suing on behalf of her estate.
On April 17, 2005, he says, Roderick Frederick was sold alcoholic beverages by VFW employees who should have known he was already too intoxicated.
Near Gerrardstown, the lawsuit says Frederick crossed the center line and collided with Douglas' car.
Brenda, it says, "in the last months of her life was deprived of the society, companionship, consortium and services of her husband."
She was also in the car, and he claims he lost consortium with her as a result of the wreck, which he blames on the VFW.
"The defendants… permitted Roderick Frederick to leave the defendants' club, driving a motorcycle while he was physically incapacitated," the complaint says.
Michael Santa Barbara of Santa Barbara Law Offices in Martinsburg is representing Tinsman.
Judge David Sanders has been assigned the case.
Berkeley Circuit Court case number 06-C-480