WEST VIRGINIA RECORD

MORGANTOWN – A Monongalia County man is suing Novichenk, LLC and an individual he claims are responsible for his wife's death.

Novichenk, LLC is doing business as Tailgater's Pub 2.

On Oct. 5, Christina Nicole Terry entered Tailgater's Pub 2, where she was sold, furnished and served beer and alcoholic beverages by the defendants' employees, according to a complaint filed Dec. 13 in Monongalia Circuit Court.

Jeremy W. Terry claims Christina Terry was sold alcoholic beverages after she became visibly and noticeably intoxicated, which is in violation of West Virginia law.

At approximately 1:30 a.m. on Oct. 6, Christina Terry was found unconscious in the ladies' restroom and she was partially unclothed, according to the suit.

Jeremy Terry claims in spite of her physical and medical condition at the time she was found unconscious in the ladies' restroom and her obvious and foreseeable need for personal and medical attention and assistance, the defendants failed and refused to contact the police, any available emergency medical services or any of her family members so that she could obtain the needed medical and personal services and assistance, given than she was noticeably and visibly intoxicated.

Instead of providing the needed personal medical attention and assistance, the defendants enlisted the assistance of another bar patron, Kevin L. Utter, who was unknown to Christina Terry and removed her from the premises to her personal automobile, where she was driven away from the premises by Utter, according to the suit.

Jeremy Terry claims Christina Terry's lifeless body was found by the police near University High School, which is a short distance from the bar, later that day.

After her body was found, it was determined by autopsy that Christina Terry died as a result of blunt force trauma to her head, torso and extremities and strangulation, according to the suit.

Jeremy Terry claims the defendants caused Christina Terry's untimely and wrongful death.

Jeremy Terry is seeking compensatory, liquidated and unliquidated damages with pre- and post-judgment interest. He is being represented by J. Michael Benninger and Daniel D. Taylor.

Monongalia Circuit Court case number: 11-C-773