Family of Fabius Man Killed in Truxton D-W-I Crash Suing Local Bar That Served Drunk Driver
The parents of a Fabius man killed by a Town of Truxton man who was drunk behind the wheel last year have filed a lawsuit against the driver, the Cortland bar that served him, and the manufacturer of the alcohol he consumed.
The parents of 26 year old Brian Cook of Fabius have filed a lawsuit in State Supreme Court seeking unspecified damages in connection with his death last year.
Cook was struck and killed on Route 13 in Truxton on July 6th 2012. Cook and his friend Joshua Groth had pulled their trucks over on the shoulder of the road near the Twin Oaks Dairy farm to change a flat tire. As the two men were preparing to change the tire, 22 year old Derek Manwarren of 3944 Route 13 Truxton came upon the two vehicles which were partially parked in the roadway.
Manwarren’s truck hit the rear of the first parked truck, and then he struck the second vehicle. During the collision Cook was hit and killed.
The investigation revealed that Manwarren had been at the Beer Goggles Bar on Main Street in Cortland drinking prior to the crash.
Last month Manwarren was sentenced to spend 1 to 3 years in state prison after he pled guilty to a felony charge vehicular manslaughter.
The lawsuit says on the night of the accident the Beer Goggles Bar was hosting a promotional party where "shot girls," were handing out free samples of alcohol. The lawsuit alleges that the bartenders and "shot girls" were unlawfully giving drinks to patrons who were obviously intoxicated.
The lawsuit seeks damages from the bar owners, Groth, the liquor manufacturer, and Manwarren.
Beer Goggle's owners have filed a response, denying any responsibility for the incident.