Attorneys file lawsuit against Abe's on Lincoln for death caused by drunk driving
Attorneys for the father of Steven Fagan Jr., the man who died in a motorcycle crash in early June 2023, has filed a civil lawsuit against Abe’s on Lincoln, alleging that the bar sold drinks to the driver of the vehicle that later allegedly killed Fagan Jr. knowing that the driver was drunk and would soon be driving.
The wrongful death lawsuit alleges that employees at Abe's on Lincoln sold alcoholic beverages to Colleen Mond between 4 p.m. and 8:10 p.m. on June 1, 2023. At about 8:17 p.m., Mond allegedly struck and killed Fagan Jr. on East President Street at the intersection with the Harry Truman Parkway, about one mile from Abe’s on Lincoln.
Under Georgia's Dram Shop Act, O.C.G.A. § 51-1-40 (b), a person who or establishment that provides alcohol to a drunk driver can be held liable for a victim's damages.
"Any lawsuit filed against Abe's on Lincoln would be handled by our insurance company and/or legal representatives," wrote Carey Ferrara, director of marketing and communications for the Gaslight Group, which owns Abe's on Lincoln, in an email.
The nine-page complaint, filed in Chatham County Superior Court on Jan. 2 by attorney Carl Varnadoe of Varnadoe Law, details allegations that Mond’s alcohol concentration was at least 0.18 grams, 2.25 times more than the legal limit allowed in Georgia to drive or be in actual physical control of any moving vehicle. Within three hours after the accident, Mond’s blood-alcohol concentration still measured above 0.08%.
Varnadoe did not return a call for comment.
More: In Session: Woman indicted for first-degree vehicular homicide in death of motorcyclist
Ongoing prosecution against Colleen Mond
According to the indictment, Mond intended to turn left at the intersection of East President Street and Harry Truman Parkway, and failed to yield the right-of-way to Fagan, who was driving a motorcycle and approaching from the opposite direction.
On Aug. 23, a Chatham County grand jury indicted Mond with two counts of first-degree vehicular homicide, two counts of driving under the influence, and failure to yield the right-of-way.
On Jan. 3 of this year, Chatham County Superior Court Judge Benjamin Karpf denied bond to Mond, deeming her a significant threat or danger to people, to the community, or to any property in the community.
An arraignment in the criminal lawsuit is scheduled for Feb. 21. No upcoming hearings are scheduled yet in the civil lawsuit.
Drew Favakeh is the public safety and courts reporter for the Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.
This article originally appeared on Savannah Morning News: Attorneys file lawsuit against Abe's on Lincoln for drunk driving death
