Granite City Moose Lodge named in Dram Shop suit

Steve Gonzalez May 7, 2008, 1:37am

Moose Lodge in Granite City

A woman who sustained injuries in a traffic accident filed a dram shop complaint against Granite City Moose Lodge Fellowship Club in Madison County Circuit Court April 30, alleging the Moose Lodge served alcoholic beverages to the driver of the vehicle that collided with her.

Janice Stiverson claims she was traveling southwest on Highway 162 on July 21, 2007, when co-defendant Anthony Hackney crossed the center line and collided with her head-on as she approached the intersection of Eduardo.

Stiverson claims Hackney negligently and carelessly drove his vehicle across the center line of the roadway, operated his vehicle under the influence of alcohol, operated his vehicle at a speed which was high, dangerous and excessive under the circumstances and failed to reduce his speed and yield the right of way.

She also claims Hackney failed to keep his vehicle under control so he could readily and reasonably be stopped at the first appearance of danger, failed to sound a warning of his approach, to slacken his speed, to swerve or stop before colliding with her and failed to keep and maintain a constant, careful and vigilant lookout for other vehicles on Highway 162.

Stiverson claims Moose Lodge employees served Hackney alcoholic beverages prior to the collision.

"During the time Hackney was so served, he became visibly intoxicated," the complaint states.

"The serving of alcohol to Hackney, a visibly intoxicated person, by the Moose Lodge and the Individual Defendants, contributed to, created and/or exacerbated Hackney's intoxicated state," the complaint also states.

Stiverson claims that by virtue of Hackney's alleged intoxication, the Moose Lodge and the employees who served him caused a motor vehicle accident.

"Plaintiff was injured due to Hackney's intoxicated state and the election of the Moose Lodge and Individual Defendants' to serve him liquor when Defendants and their members, managers, agents, employees and/or servants, knew or should have known that Hackney was or became intoxicated," the complaint states.

According to Stiverson, the negligence and carelessness of the defendants caused her to endure one or more revision surgeries, several diagnostic tests and various pain management and physical therapies, partial and total disabilities to her ankles, hips and right wrists, including fractures to her hip, ankles, and right wrist and a laceration to her liver as well as corresponding reductions in the range of motion and ability to use her ankles and right wrist.

She also claims she has and will in the future sustain non-economic damages including pain and suffering, mental anguish, inconvenience, physical impairment, disfigurement and loss of capacity to enjoy life.

Stiverson further claims she sustained over $400,000 in economic damages for past costs of necessary drugs, therapies, medical care, nursing care, diagnostic testing, custodial care and rehabilitation services and claims she will in the future sustain even more economic damages for surgical care.

"All of plaintiff's physical and emotional injuries have been painful, and will continue to be painful in the future, and may be associated with causing, accelerating and aggravating, triggering or otherwise bringing about additional injuries, all of which may be painful and continue to be painful and disabling, both physically and emotionally," the complaint states.

Represented by Noel Sevastianos of St. Louis, Stiverson is seeking a judgment that "fairly and reasonably compensates her for all of her losses, which substantially exceeds the minimum jurisdictional amount in the Law Division of the Third Judicial Circuit of Madison County."

The case has been assigned to Circuit Judge Andy Matoesian.

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