Brunswick restaurants named in lawsuit related to OUI crash
Desjardins was headed north on
Moody's vehicle crossed the center line, police said at the time.
In November, Moody pleaded guilty in
Desjardins' attorney,
Gideon said Desjardins, who was previously a lobsterman, is not paralyzed, but "it is unlikely he'll ever work again at his profession."
On
In the complaint, Gideon argued that a number of conflicting statements about the night of the crash place Moody at the various businesses, leading attorneys to believe that "she was drinking at at least one and possibly several of the establishments" named as defendants.
The suit charges that the establishment(s) served Moody liquor under circumstances in which they knew or should have known that she would pose a danger to others because she would be driving.
Gideon said Thursday he does not yet have a precise timeline of Moody's whereabouts that night but that sworn witness testimony obtained during the lawsuit process will better establish a timeline.
The suit seeks damages including "several hundred thousand dollars" for extensive past medical expenses, as well as future medical and life needs, lost earnings and pain, suffering and emotional distress.
Gideon said Moody's insurance policy -- "not a large policy" -- has already paid the maximum.
Moody's attorney,
In a response filed in court on
Libby wrote that Desjardins "was negligent in such a manner and to such a degree as to bar or reduce any recovery to which he might otherwise be entitled," that "injuries were caused by independent and/or intervening events over which Moody had no control" and that his "alleged injuries were the result of pre-existing events or post-incident events such that the defendant cannot be held liable for them.
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