Medical Malpractice and Personal Injury Law Blog

Irish Pub Deemed Liable for $525,000 Civil Settlement in Philadelphia Drowning

Posted by Charles Gilman | Mar 15, 2019 | 0 Comments

Shane Montgomery, originally from Roxborough, was 21-years-old and attending West Chester University when he drowned in the Schuylkill River canal. The incident occurred on the night before Thanksgiving after he left Kildare's Irish Pub in Philadelphia's Manayunk neighborhood. 

The Garden State Underwater Recovery Unit discovered his remains after a lengthy search. It was in an area of water behind the Manayunk Brew Pub near Main Street. The family brought a civil suit, which resulted in the jury awarding the family $525,000 in damages. Kildare's was determined to be liable because they had served him alcohol despite that he was “visibly intoxicated” at the time.

Establishment's Negligence

The jury acknowledged that Montgomery also shouldered some of the blame in the incident. The medical examiner found that the death appeared to be accidental. The claim asserted that the management of the bar kicked him out that night due to excessive intoxication. It went further to state that they should have confirmed Montgomery had a ride home or contacted a taxi.

Exhaustive Search Efforts

Following his disappearance, local authorities and members of the community spent weeks searching for him. Karen Montgomery, his mother, expressed thanks to all those who provided assistance. She furthered expressed a sense of closure by stating “we have brought Shane home” in a statement. According to the divers that located him, the body was roughly 10 feet away from the shore. The depth of the water where he was discovered was only a few feet; however, other areas of the river reach depths of over eight feet.

Surveillance Footage

Prior to the discovery of his body, a set of Montgomery's keys were found in the river. Surveillance footage from that night showed him walking in the direction of the water. Councilman Curtis Jones Jr. has since led local efforts to increase the number of surveillance cameras in commercial areas to enhance public safety. Local lawmakers have also encouraged businesses to increase their number of camera installations. In addition to assisting in these types of investigations, the presence of cameras often provides a deterrent to those involved in criminal activity.

Understanding Dram Shop Liability

The term “dram shop” is believed to be borrowed from those in England when liquor was sold by the dram or spoonful. It is essentially the idea that liquor establishments may be found liable in cases where those who become heavily intoxicated cause harm to others. Common law did not specifically address this; however, the U.S Supreme Court cleared the way for states to implement these laws.

Pennsylvania statute allows for those establishments with a liquor license to be liable under certain circumstances. This applies when the licensee, “or his agent, servant, or employee” serves alcoholic beverages to:

  • Anyone who is a minor
  • Any patron who is considered to be visibly impaired or intoxicated
  • Those who are insane
  • Any individual who is a “habitual drunkard” or otherwise tends to drink excessively

About the Author

Charles Gilman

As managing partner and co-founder of Gilman & Bedigian, it is my mission to help our clients recover and get their lives back on track. I strongly believe that every person who is injured by a wrongful act deserves compensation, and I will do my utmost to bring recompense to those who need and deserve it.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Let Us Help

If someone you are close to has been seriously injured or worse, you are naturally devastated not only by what has happened, but by the effect that the injury or loss has had on you and your family. At a time when you're vulnerable, traumatized and emotionally exhausted, you need a team that will support you through the often complex process that lies ahead.

Menu