HomeMy WebLinkAbout98-01891
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Information sufficient to form a belief as to the truth of these allegations and proof
thereof is demanded,
6. Denied as stated. It is denied that Plaintiff was there for an hour and a half to
two hours. It is further denied that Plaintiff consumed 22 shots of liquor. It is admitted
that a portion of the receipts for beverages served to Plaintiff and members of his party
Is attached as Exhibit A.
7. Denied. It Is denied that Defendant served Plaintiff while Pialntiff was visibly
intoxicated.
8-9. Denied, As to the balance of the allegations of these paragraphs, after
reasonable Investigation, Defendant is without knowledge or Information sufficient to
form a belief as to the truth of these allegations and proof thereof is demanded.
10. Denied pursuant to Pa. R.C.P. 1029.
11-12. The allegations of negligence are denied pursuant to Pa, R.C.P. 1029.
The balance of the allegations of these paragraphs are denied since, after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief
as to the truth of these allegations and proof thereof is demanded.
13, Denied. It is denied that Defendant violated the Dram Shop Act. As to the
balance of the allegations of this paragraph, after reasonable Investigation, Defendant is
without knowledge or information sufficient to form a belief as to the truth of these
allegations and proof thereof Is demanded.
14. Denied as stated. The answer to paragraph 6 above is incorporated herein
by reference thereto. As to the balance of the allegations of this paragraph, after
receipts for the alcohol served ut Plaintifl's tublc mc uuuched hurcto us Exhihit "A" und
incorporated hcreln hy rcfcrence.
7. The Gingerbread Mun ucting through Its cmployccs, scrvllnts und/or agents sold,
furnished and/or guvc the aforemcntioned liquor, malt and/or hrewed bevernges to Plaintiff
and/or permitted the uforementioned bevernges to be sold, furnished or given to Plaintiff while
he was visibly inloxicated.
S, Oil the lIforesaid datc at upproxlmately 6:45 p.m., PlalntitI was rushed to the
Ch,ambersburg Hospital in u comutose condition sccondury to acute alcohol intoxication with
acute respiratory failure and hypokalemia.
9. Plaintiffs alcohol level on arrival at thc hospital was 0.44 which declined to 0,19
upon discharge from the hospital on August 30, 1997 at approximately 2:00 p.m.
10, The Gingerbread Man's acts in selling, furnishing und/or giving liquor, malt
and/or brewed beverages to Plaintiff while he was visibly intoxicated violates the Liquor Code
including 47 P.S. 94-493( I) (hereinafter "Dram Shop Act") and constitutes negligence per se.
II. As a direct and proximate result of the violation of the Drum Shop Act, PlaintifI
suffered severe and serious injuries including the following some of which may be permanent:
(a) Acute alcohol intoxication;
(b) Coma secondary to acute ulcohol intoxication;
(c) Acute respiratory failure;
(d) Hypokalemia;
(e) Intubation with mechanical ventilation;
(f) Serous otitis media;
(g) Possible neurological damage;
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