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August 18, 2010

DUI crash victim awarded $6.8 million

Published: Wednesday, August 18, 2010

By MICHAEL P. RELLAHAN - Staff Writer

WEST CHESTER - A Common Pleas Court jury has awarded a Coatesville area woman more than $6 million in damages related to a drunk driving accident.

In the case against the Famous Mexican Restaurant of Coatesville, attorneys at the firm of Goldberg, Muth & Meanix in West Chester contended that on March 15, 2007, the restaurant continued to serve Omar Villalava-Martinez although he was visibly intoxicated.

Villalava-Martinez left the restaurant and collided with a car driven by Ryan Fell, now 25, causing serious injuries.

The jury in Judge Jacqueline Cody's courtroom returned the verdict late Wednesday afternoon, awarding Fell $6.8 million for the injuries she suffered in the crash.

"I was shocked," said attorney Dawson R. Muth, who led the case against the restaurant, about the award. He said Fell was in the courtroom when the verdict was returned and appeared "overjoyed" by the jury's decision.

"She is glad that this is now behind her," Muth said Wednesday.

The suit alleged that Villalava-Martinez left the restaurant in the 300 block of East Lincoln Highway in Coatesville and drove a 1996 Ford Explorer west toward Parkesburg, where he lives. About 7:40 p.m., he crossed the centerline of Lincoln Highway in Sadsbury and collided with a 2006 Nissan driven by Fell, who suffered injuries to her head, neck, spine, torso and back.

A former district justice in West Chester, Muth said at the time his firm filed the suit that it was concerned with drunk driving accidents involving restaurants and bars that served customers beyond the legal limit.

Muth said his firm wanted to send a message through its court actions.

"Our firm has taken a stand that we will be vigorously prosecuting these types of cases, when establishments serve people way beyond a reasonable degree of service."

To contact staff writer Michael P. Rellahan, send an e-mail to mrellahan@dailylocal.com

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Verdicts & Settlements

DUI VICTIM AWARDED $6,800,000 IN DRAM SHOP CASE

Dawson R. Muth and Lawrence A. Goldberg lead case against restaurant that served alcohol to intoxicated man before crash. Jury awards $6,800,000 to GMM client.

"Our firm has taken a stand that we will be vigorously prosecuting these types of cases, when establishments serve people way beyond a reasonable degree of service."

"It is gratifying to see a jury award that truly reflects the nature and extent of the injuries suffered,"

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We have had numerous recoveries of $1 Million for seriously injured clients in Chester County.

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Goldberg Meanix, McCallin & Muth
213-215 W. Miner Street
West Chester, PA 19382

Phone: 610-436-6220
Fax: 610-436-0628

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