A fatal accident between a motorcycle and a car left two people dead on September 16, 2012 in East Bethel, MN. John Jordan, 48, and Patricia Kalla, 46, were reportedly riding on a motorcycle west along Viking Boulevard at approximately 7:30 p.m. when they were struck by an SUV. The driver of the SUV was suspected of being under the influence of alcohol and was later identified as Paula Larson, 42.
Scene of the Accident
According to police reports, the impact of the wreck killed Jordan and Kalla immediately. Larson was later arrested and charged with criminal vehicular homicide. Police said that Larson admitted to drinking earlier that evening at a local bar, EJ’s Bar and Bottle Shoppe. They are expected to continue their investigation into the fatal accident.
Under Minnesota law establishments that serve alcohol to obviously intoxicated persons may be found liable for the actions of the intoxicated person that harmed or killed another. Minnesota statutes state that a civil action can be leveled against either a party that has a license to sell liquor or to a party that does not. The liability includes providing alcohol to a person who is obviously intoxicated or under the age of twenty-one.
Also under the statute, comparative fault will apply. The negligence of the intoxicated person will be measured against the victim and the victim will recover compensation as long as their measure of fault is not greater than that of the intoxicated person.
– Attorney Michael Grossman