A Vancouver man is suing a sports bar for what he claims is a breach of duty of care resulting in injuries caused by a motor vehicle accident as a result of the over-serving of alcohol by the defendant, Vancouver’s Shark Club Sports Grill Ltd., to one of its employees.
The plaintiff, sales manager Steven David Phillips, filed suit November 8 in BC Supreme Court. He alleges the defendant’s employee, Jessica Elaine Filer, who had completed her shift for the evening and had joined some friends at the bar, was served alcohol by other employees of the establishment to the point that her capacity to safely operate a motor vehicle was impaired.
The suit contends that Filer left the premises after staying and drinking with friends for a few hours and proceeded to drive toward her home.
As she was driving, the suit claims, her vehicle struck the plaintiff as he was crossing the street in the 900 Block of Beatty Street.
Breath samples from Filer after the accident showed her blood alcohol content to be 130 and 120 milligrams of alcohol per hundred millilitres of blood.
Phillips claims he has suffered multiple injuries as a result of the accident, including concussion, loss of consciousness, loss of memory, headaches and injuries to his knee leg, lower back and ribs.
The plaintiff is seeking damages relating to his pain and suffering, loss of enjoyment of life, loss of income and loss of employment opportunity, among others.
The suit argues that the defendant owed a duty of care to the plaintiff to ensure its employees would take reasonable care not to serve alcohol to Filer to the extent that it exposed third parties, including Phillips, to the risk of injury.
A statement of defence had not been filed by press time.
None of the allegations has been proven in court.