Pennsylvania: Adams County Judge Michael George ruled prior DUI of DUI killer Brandon Zirk not relevant

Brandon Zirk was doing his community service for prior DUI by working at bar operated by social club…where he was allowed to DRINK while doing his community service and then he left and killed Angela Rigby….hit her head-on

Add Judge George to the list of America’s dumbest Judges…

From Evening Sun  SENTENCE OF 3 1/2 TO 10 YEARS IN PLEA DEAL CRITICIZED BY FAMILY OF WOMAN ZIRK KILLED

Gettysburg — 2013-09-28— An Adams County judge granted four preliminary objections to a Gettysburg social club being sued for punitive damages in a Dram Shop lawsuit.

The father of a Fairfield woman killed by a drunk driver last year filed a lawsuit in Adams County Court of Common Pleas against the Gettysburg Moose Lodge, alleging the club served the man alcohol while he was noticeably intoxicated.

In his Sept. 17 opinion, Adams County President Judge Michael George wrote that the driver’s prior DUI conviction – he was performing community service at the club the night of the fatal wreck – was not legally relevant to support a claim of punitive damages, but left the door open to other claims that could lead to punitive damages.

Angela Rigby, 33, was killed Sept. 14, 2012, while driving eastbound on Route 30 after she was hit head-on by a vehicle being driven by Brandon Zirk, 28, of Waynesboro. A blood test after the crash confirmed Zirk’s blood alcohol content was 0.18, more than twice the level at which drivers are presumed intoxicated in Pennsylvania. Zirk pleaded guilty to homicide by vehicle while under the influence and is serving a sentence of 3.5 to 10 years in prison.

William Rigby, Rigby’s father and the administrator of her estate, argued the Gettysburg Moose violated the Pennsylvania Liquor Code by serving Zirk alcohol while he was visibly intoxicated and that the club had a duty to monitor patrons being served alcohol. Zirk was at the Gettysburg Moose on the night of the wreck to perform community service for a 2011 DUI charge in Franklin County.

“The act does not place a heightened duty on an establishment based upon a customer’s known propensities,” George wrote.

Rigby had argued the club showed a reckless indifference  ….MORE

 

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