Woman sues Berkeley Co. bar for man's death

By Kyla Asbury | Dec 29, 2011

MARTINSBURG -- A woman is suing Spanky's Lounge after a man died in a motor vehicle accident.

David W. McDaniel and Spanky's Lounge d/b/a Iffie's Sports Bar, were also named as defendants in the suit.

On May 9, Harry Lee Franks Jr. was a passenger in a car being driven by McDaniel, according to a complaint filed Nov. 9 in Berkeley Circuit Court.

Joyce F. Kees claims McDaniel was negligent in the operation of the vehicle so as to cause a single vehicle accident.

McDaniel owed Franks a duty to use due care and caution in the operation and control of his motor vehicle to drive with due care, to reasonably protect the safety, health and life and Franks and to obey the traffic laws, according to the suit.

Kees claims McDaniel was negligent in driving while intoxicated and causing injuries; failing to maintain control of his vehicle; and operating his vehicle in an aggressive manner.

Iffie's Sports Bar was negligent in serving McDaniel with alcoholic beverages, according to the suit.

Kees is seeking compensatory and punitive damages. She is being represented by Mark Jenkinson and Ronald M. Harman.

Berkeley Circuit Court case number: 11-C-953

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