CLUB RISQUE NORTHEAST PHILADELPHIA NAMED IN WRONGFUL DEATH COMPLAINT ALLEGING LIQUOR-LAW VIOLATIONS AND SEEKING PUNITIVE DAMAGES
PHILADELPHIA, PA – The September 8, 2012, motor vehicle death of a visibly intoxicated 46-year-old customer of Club Risque Northeast Philadelphia could have been prevented if only the nightclub had complied with the state’s liquor-liability laws (widely known as Dram Shop laws), according to a wrongful death Complaint filed this week against the club’s owner.
According to the Complaint (No. 121000586) filed in the Philadelphia Court of Common Pleas, the actions of the pay-for-pour “shot girls” at the club were among numerous factors that contributed to the death of George T. Fadgen, III, 46, of Philadelphia, who spent about three hours and upwards of $300 at the club before staggering behind the wheel of his car shortly after closing at 2 a.m. He did not get far. First responders found his mangled body thrown from his car, that was flipped onto its roof, on I-95 less than one mile from the club located at 5921 Tacony St.. Mr. Fadgen, a longtime computer network services technician for a local insurance company, was pronounced dead at the scene at 2:27 a.m. His blood alcohol level was .19, significantly over the legal limit in any state. It is estimated that he may have had anywhere from eight to ten drinks before leaving the club.
Michael F. Barrett and Joseph G. DeAngelo, of Saltz, Mongeluzzi & Bendesky, P.C., along with Bernard M. Gross, of the Law Offices of Bernard M. Gross, P.C., filed the civil action on behalf of Mr. Fadgen’s parents. “Club Risque, as asserted in the Complaint, broke the law by failing to operate in a lawful manner that would have protected George Fadgen from harm – now it must be held accountable for its actions, “said Mr. Barrett.
“Club employees get commissions on every shot poured so there is financial incentive to overlook, as in the case of Mr. Fadgen, a customer who is visibly intoxicated and should be shut off,” explained Mr. Barrett. “With every shot, practically up until the club closed, Mr. Fadgen was one ounce closer to his untimely and preventable death.”
The Complaint, besides seeking compensatory damages, requests a trial by jury and seeks to recover unspecified punitive damages resulting from the intentional and reckless actions of the club owners in violation of the state liquor laws that allegedly contributed to Mr. Fadgen’s death. The victim died of massive injuries sustained as a result of the single-vehicle accident.