CHARLESTON – A Lincoln County man says he was injured in a vehicle accident because Quaker Steak and Lube overserved a patron.
Harley D. Roberts II of Alkol filed his complaint March 19 in Kanawha Circuit Court against Charleston Lube Partners dba Quaker Steak and Lube and a John Doe employee of the restaurant.
According to the complaint, David Smith patronized the Quaker Steak and Lube in Charleston on June 5, 2020, and ordered, purchased and consumed multiple alcoholic drinks at the bar.
The complaint says Smith then left the restaurant, but returned a few minutes later and again ordered, purchased and consumed several alcoholic drinks.
“Smith became increasingly intoxicated and visibly physically incapacitated due to the consumption of alcoholic liquor,” the complaint states. “His physical and mental control were both markedly diminished. The defendants continued to serve the said David Smith while he was so intoxicated and incapacitated.
“The defendant John Doe served the said David Smith multiple alcoholic drinks and continued to do so when he knew or should have known that David Smith was intoxicated and visibly physically incapacitated due to the consumption of alcoholic beverages.”
The complaint says Smith eventually left Quaker Steak and Lube and drove under the influence of alcohol on public highways in his 2002 Toyota Tundra truck.
At 9:45 p.m., Smith drove southbound into the northbound lane of U.S. 119 and struck Roberts’ 1999 Dodge Durango head-on, injuring both Roberts and his mother Carletha, who was a passenger.
The complaint says Smith admitted to officers “he had consumed a few beers before driving.” He later was charged with driving the wrong way, improper driving and felony driving under the influence.
Roberts says he suffered multiple injuries, including multiple fractures of his right foot and ribs, head and chest trauma and other injuries. He required surgery to have three pins inserted into his foot.
He remained in the hospital until June 11, 2020, and he required rehabilitation and additional surgeries. He says he has suffered great physical and mental pain, emotional distress, anguish, loss of ability to enjoy life as well as substantial medical bills for surgeries, treatment, rehab and prescriptions.
Roberts accuses Quaker Steak and Lube of negligent training and sales of the bartenders who overserved Smith.
He seeks compensatory and punitive damages as well as other relief.
Roberts is being represented by W. Jesse Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 22-C-200