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Lisa Rosen, Communications Director
Edgar
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Ramada Hotel in Ligonier PA Liable in Furnishing Alcohol to Minor Before Fatal Crash
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(September 20, 2007 – Westmoreland County, PA) The family of Sean M. Nemcheck, a 17-year-old who died in the early morning hours of February 19, 2006, can claim a small victory. It will not bring back Sean, but the Ramada of Historic Ligonier was found liable for furnishing the minor with the alcohol linked to his deadly truck crash. An administrative law judge found the Ramada of Historic Ligonier liable by failing to prevent Sean from obtaining and consuming alcoholic beverages at work. At the time of Sean’s death, his blood alcohol level was 0.14. Pennsylvania drivers under age 21 are considered legally drunk when their blood alcohol concentration is .02 or more. The judge found that the Pennsylvania Liquor Control Board met the burden of proof against Hospitality Group Services, Inc., which owns and operates the Ramada of Historic Ligonier. The penalty is a $1,200 fine and Responsible Alcohol Management Training. In addition to the violation of Liquor Control Board laws, the Ramada pled guilty in August 2006 for breaking child labor laws. Before his fatal crash, Sean clocked out at 3:06 am after having worked a 16-hour shift. |
Attorney Todd Berkey |
The Ramada’s Child Labor Law violations included allowing minors to work in excess of 8 hours per shift, to work later than 1 am on weekends, to get a job without working papers, to work in areas where alcohol was sold and dispensed, and, to work later than 7 pm when school was in session. The Ramada was fined $4,200 and had to pay $39.50 in court costs.
Attorney Todd Berkey, a partner at Edgar Snyder & Associates, a law firm representing injured people, has filed a wrongful death suit on behalf of the Nemcheck family. “Ramada’s penalties, while relatively insignificant, acknowledge legal responsibility imposed by the court system,” said Attorney Berkey. “We believe that Sean’s death resulted from the extremely careless actions of the Ramada’s owners and employees in causing Sean to work a 16-hour shift as well as permitting him to gain access to alcohol.” A court date has not yet been set for the case against Hospitality Group Services.
Edgar Snyder & Associates is a plaintiff’s law firm that handles cases involving personal injury, Workers Compensation, and Social Security Disability benefits. Edgar Snyder & Associates has offices located in Altoona, Ebensburg, Erie, Johnstown and Pittsburgh, Pennsylvania.
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