Tuesday, October 14, 2008

Salty's sued over DUI death

PANAMA CITY BEACH — The wife of a man killed by a drunk driver last year filed suit Monday against the bar he was working for the night of the crash.

On the one-year anniversary of Clint Malone's death, his wife, Jennifer Malone, filed a lawsuit against Salty's Bar and Grill, 10908 Front Beach Road, and the establishment's managers, Kellen, Robert, Robert Jr. and Kellye Potter.

According to the complaint, Jeremy Matthew Hunt was working as a bar back, an assistant to the bartender, the night of Oct. 12 and into the morning of Oct. 13, 2007. Hunt left the bar drunk, according to the lawsuit, and his vehicle hit Clint Malone, 36, as he was riding a bicycle on Thomas Drive alongside Jennifer Malone, who was training for the New York City Marathon.

Hunt, 21, pleaded on contest in July to DUI manslaughter and leaving the scene of an accident with death. He received 10 years in prison followed by 20 years on probation.

Malone's lawyer, David Carter of Vero Beach, wrote in the complaint that the management of Salty's "had a policy or procedure whereby employees, including underage employees, were permitted to consume alcohol on Salty's premises."

A telephone number for the business was disconnected and phone numbers for the Potters could not be immediately located.

Carter wrote that Salty's knew Hunt was drinking on the job and he did so in the presence of management.

"Defendants had actual or constructive knowledge of multiple incidents in which Jeremy Hunt became intoxicated from alcohol provided by defendants on Salty's premises, then drove a vehicle in an intoxicated condition," Carter wrote. On the morning of the crash, he said, Hunt "consumed alcohol with defendants' consent and encouragement."

Carter said Salty's management also was negligent because it "failed to adequately and reasonably train and supervise Jeremy Hunt in the performance of his duties, including but not limit to Jeremy Hunt's participation in Salty's providing of alcohol and encouraging employees to consume alcohol."

Carter sued for Jennifer Malone's mental pain and suffering, as well as the suffering of her two children, and the loss of Clint Malone's companionship and support. The suit also asks for compensation for medical and funeral expenses and loss of earnings.

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