{"id":1760,"date":"2016-06-09T07:25:54","date_gmt":"2016-06-09T12:25:54","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=839"},"modified":"2018-04-12T12:39:55","modified_gmt":"2018-04-12T17:39:55","slug":"court-holds-plaintiff-may-sue-bar-even-without-personal-knowledge-incident","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/court-holds-plaintiff-may-sue-bar-even-without-personal-knowledge-incident\/","title":{"rendered":"Court Holds Plaintiff May Sue Bar, Even Without Personal Knowledge of Incident"},"content":{"rendered":"

In a case<\/a> that was decided earlier this year, a man was killed after he became intoxicated at a restaurant and got into a car accident. The man was driving 79 miles per hour in a 30-miles-per-hour zone when he crashed his car. After the accident, the man\u2019s family brought suit against the restaurant, alleging that the restaurant engaged in negligent, willful, wanton, and reckless conduct by selling and serving alcohol to the man, and that their conduct caused his death. That evening, the man had been at the restaurant from about 2 PM until almost 9 PM. Witnesses observed him being loud and slurring his words. He bought 12 drinks at the restaurant that day.<\/p>\n

The plaintiff, a representative of the man\u2019s estate, filed a complaint and an affidavit, as required by the state\u2019s law. The affidavit had to describe the facts upon which the case was based, and the plaintiff based it on information gathered in the investigation. The defendants argued that the affidavit was insufficient because it was not based on personal knowledge. The plaintiff, the administrator of the man\u2019s estate, was not present at any time during the incident. However, the court found that the plaintiff\u2019s affidavit was based upon \u201cinformation and belief\u201d from information gathered from witness statements, a police report, and a toxicology report\u2014and that this knowledge was sufficient.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a case that was decided earlier this year, a man was killed after he became intoxicated at a restaurant and got into a car accident. The man was driving 79 miles per hour in a 30-miles-per-hour zone when he crashed his car. After the accident, the man\u2019s family brought suit against the restaurant, alleging […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,13],"tags":[],"class_list":["post-1760","post","type-post","status-publish","format-standard","hentry","category-auto-accidents","category-drunk-driving-accidents"],"yoast_head":"\nCourt Holds Plaintiff May Sue Bar, Even Without Personal Knowledge of Incident — Illinois Injury and Mass Tort Lawyer Blog — June 9, 2016<\/title>\n<meta name=\"description\" content=\"In a case that was decided earlier this year, a man was killed after he became intoxicated at a restaurant and got into a car accident. 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