CHARLESTON - A woman is suing Grumpy's Grille after she claims it is responsible for her brother's death.

Jeffrey T. Kemp was also named as a defendant in the suit.

On Sept. 21, Donald Hugle was a patron at Grumpy's, where he was over-served alcoholic beverages, according to a complaint filed May 3 in Kanawha Circuit Court.

Margaret Lorraine Hugle claims Grumpy's failed to monitor Donald Hugle, allowing him to leave Grumpy's by foot with an alcoholic beverage, and he was struck by Kemp on U.S. 60 just outside Grumpy's.

Donald Hugle's blood alcohol level was more than three times the legal limit and Grumpy's allowed him to leave with a beer bottle, with full knowledge that the roadway outside its establishment was extremely dangerous due to the high volume of accidents and deaths occurring on U.S. 60 in or around the area of Grumpy's in the several years preceding Donald Hugle's injuries and death on Sept. 22, according to the suit.

Margaret Hugle claims Kemp had a duty to drive his vehicle in a reasonable and prudent manner, exercising due care for pedestrians crossing the roadway and also had a duty to obey the rules of the road.

As a result of Kemp's negligence, Donald Hugle suffered bodily injury that lead to his death; conscious pain and suffering; and loss of enjoyment of life, according to the suit.

Margaret Hugle claims she incurred medical, funeral and burial expenses resulting from Donald Hugle's death.

The defendants' actions also caused Margaret Hugle to suffer sorrow, mental anguish and solace, including loss of society, companionship, comfort, guidance, kindly offices and advice of Donald Hugle, according to the suit.

Margaret Hugle is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Scott H. Kaminski of Balgo & Kaminski LC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-863

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