A Washington DC man is suing the restaurant that served him alcohol after he fell onto the Metro tracks and broke his face.
There’s a question that America has struggled with for decades that asks where litigation ends and personal responsibility begins. In the case of serving drinks, it’s up to the bartender to determine whether or not their patron is too drunk to move and cut them off accordingly, otherwise they open themselves up to legal liability.
Whether or not that’s the case here is for a judge to decide. But from what little we know, there could be a little of column “A”, and a little of column “this guy is just an alcoholic.”
Patrick Augusma of Southeast DC is suing the Maggiano's Little Italy in Friendship Heights for overserving him alcohol one evening back in June of 2017. In his complaint, Augusma accuses the restaurant of serving him booze past the point where he became “visibly” intoxicated and that the bartender should have cut him off sooner.
After leaving the restaurant, Augusma then wobbled his way to the DC Metro station where he fell off the platform and onto the tracks. He sustained multiple facial fractures and severe head trauma, requiring him to rescued by paramedics.
According to NBC 4 Washington News14, Augusma is suing for $2 million, arguing for health damages and criminal negligence on the part of the restaurant.NBC notes that this is not the first time that the Washington Metro has warned patrons against becoming overly intoxicated. The Metro has multiple stairs and escalators that drunk travelers have frequently fallen off, resulting in multiple bone fractures.
Maggiano’s has yet to comment on the suit. A federal judge will issue a ruling shortly on whether or not the case will move forward.
In a strange coincidence, this is the exact same Maggiano’s that hosted a banquet organized by white nationalist group the National Policy Institute two years ago. The restaurant later apologized, saying it was a last-minute booking and donating all proceeds from the banquet to the DC office of the Anti-Defamation League.