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Tavern to trial for triple-fatal crash
Lancaster New Era
Jun 19, 2009 10:49 EST
Middletown
By JANET KELLEY, Staff Writer
A Dauphin County tavern, charged with involuntary manslaughter in an unusual corporate liability case, will stand trial after waiving its right to a preliminary hearing Thursday afternoon.

The Lamp Post Inn in Middletown could be fined, if convicted, for serving alcohol to Roseanna Thompson, 22, of Elizabethtown, who police said caused a traffic accident near Hummelstown after leaving the bar in November 2007.

Thompson's vehicle crashed head on into a car occupied by two 21-year-old Lancaster County women, Crystal Rudy, of Lampeter, and Morgan Long, of Elizabethtown, police said.

Rudy and Long died at the scene, police said, and Thompson died five days later.

Dauphin County District Attorney Edward Marsico has said that while Thompson was primarily to blame, he will pursue the charge against the tavern for its level of responsibility in the crash and seek a significant fine.

The owner of the bar and its employees will not be prosecuted.

Rudy's father, Glenn Rudy, said he hoped the prosecution will send a message to other tavern owners, as well as lawmakers in Harrisburg, that drunken driving is a serious problem that needs to be addressed.

The tavern is charged under a section of Pennsylvania law targeting the liability of corporations, in which the offense was allegedly "performed or recklessly tolerated" by the management.

Deputy Assistant District Attorney Jennifer Gettle, who is handling the case, admitted that it was an unusual set of circumstances and a unique set of facts.

She presented the facts of the case to a grand jury before prosecutors made the decision to file the criminal charges.

On the night of the accident, investigators discovered that Thompson was served drinks at the Lamp Post despite being visibly intoxicated when she arrived around 9 p.m.

After she was ordered to leave the tavern, according to court records, a bouncer guided her to her vehicle and let her get into the driver's seat. He did not hear the vehicle's engine start up, according to court documents.

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Slightly confused on this. Not being familiar whatsoever with corporate law, it doesn't seem possible to charge a "tavern" with a criminal offense without having the owner and/or employees charged. How did the "tavern" make "it's" appearance to waive "it's" preliminary hearing? If found guilty, who will pay the big fine they are after? I assume it would come from insurance which would pay civil damages resulting from a lawsuit. Might this be a way for a county to in effect "sue" a corporation and have the payment (fine) go to the county for it's use? Not saying this is right or wrong, don't have enough information to do that, but is this just a way to increase revenue for Dauphin county?
Seems2Me
This is so unfortunate. It seems that youngsters need to be reminded of the level of responsibility they go to the bar and consume alchol. The bottom line is that bartenders are NOT babysitters. It is not their job to dictate how much a customer consumes.

patches112
You are incorrect. It's not a matter of babysitting. Bartenders in PA MUST be certified under state law and it addresses the fact of serving someone that is clearly intoxicated. Under no circumstances should a bouncer place anyone into the drivers seat of a car who has just been asked to leave the place because they were "too" drunk. That is negligence on the bar's behalf. Secondly, they use the term "tavern" since it is an LLC, which protects the owners and employees from actually being held responsible, only the company.....which is why it is under corperate law. The fine will come from the bar's bank account not the insurance company.
Brubaker79
Well it news to me that a bartender has to be "certified"...??? by who,??? and where does one get this cetification...?? I no a few bartenders and they are working in Pa. without certifications.... just bar tenders...Tavern ownership is a tough business... you sell booze.... and without selling a lot of it you dont make much money... its your business is to sell booze... and by doing so,...people are getting drunk... then you can be busted for letting them get drunk... I dont agree with putting drunk people behind the wheel... but sometimes you dont know how drunk that person is....

Fining the bar might hurt that ba...r but the catch 22 of serving booze for a living... but not letting peole drink to much will still go on.... Like I said.... i wouldnt want to be in that business again...it is tough.... But the bar will have insurance for this.... I'm pretty sure of that....
toobad
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