While leaving a Christmas party in Orland Park, Illinois in December 2019, school teachers Rone Leja and Elizabeth Kosteck were struck by a 2016 Buick Regal in a parking lot. The high-impact collision caused Ms. Leja to suffer fatal injuries, and Ms. Kosteck to suffer serious injuries. The driver of the 2016 Buick Regal was a 73-year-old retired priest named Paul Burak. Mr. Burak was also a guest at the Christmas party. Mr. Burak had consumed alcohol that night, but he told partygoers he was ‘fine’ to drive. According to a prosecutor subsequent trial, Mr. Burak thought he backed into a curb when he struck the two women, before he drove away down a service road. A witness followed him in his car and requested that Mr. Burak return to the scene. Paul Burak is due in court again this month to face his punishment for striking and killing Rone Leja with his vehicle. The attorney for the Leja family spoke with the Chicago Sun Times, calling what happened to Leja a ‘senseless death’ that could have been easily prevented. Continue reading
We all know the dangers of drinking and driving. But what about getting behind the wheel the morning after a night of heavy drinking? The average person can break down a single unit of alcohol — a 12-ounce beer, 5 ounces of wine or a 1.5-ounce shot — in about an hour. (Bear in mind that bars and restaurants may serve you more than a single unit of alcohol per drink.)
One hour to break down one standard drink is an estimate for the average person, but not everyone breaks down alcohol at the same rate. There are several factors which affect how quickly your body breaks down alcohol, including your height, weight, gender, age and metabolism, whether you were eating, and whether you take medications that affect the absorption of alcohol. Ultimately, the only thing that can actually reduce your blood alcohol content is time. Late nights and excessive drinking lead to painful mornings and the dreaded effects of a hangover.
Under the Illinois Liquor Control Act (“Dram Shop Act”), third parties who are injured by an intoxicated person may have a cause of action for damages against the seller of alcoholic liquor, who by selling or giving alcoholic liquor, causes the intoxication of such person. In many cases, the Act provides a remedy to individuals who are innocent victims injured in car accidents and bar fights. The Act provides no remedy for intoxicated persons who themselves are injured.
The amount of damages that may be sought against a bar or restaurant under the Act is limited in amount by statute and is specified by year.