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Monongalia County Fatal Accident Victim's Estate Files Lawsuit
Posted Monday, February 8, 2010 ; 04:03 PM | View Comments | Post Comment
Updated Monday, February 8, 2010; 06:42 PM


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The suit seeks multiple damages.

By Jessika Lewis
Email | Bio | Other Stories by Jessika Lewis

MORGANTOWN -- The estate of a woman killed in an accident on Route 705 in Morgantown has filed a lawsuit.

Alee Robins, the administratrix of the estate of Delores A. Decker filed a lawsuit in Monongalia County Circuit Court against Matthew H. Veith, Phyllis A. Veith, and Pinnacle Club LLC, dba Montmartre Restaurant and Garden Patio.

Matthew Veith is accused of driving while intoxicated and hitting Decker’s vehicle head-on just before 11 p. m. on the night of April 28, 2009, the Monongalia County Sheriff’s Department stated previously.

Veith was drinking at the Pinnacle Club on High Street during the afternoon and evening hours, according to the lawsuit, and was noticeably intoxicated before he left.

Both Decker and Veith were taken to Ruby Memorial Hospital, where deputies previously stated that Decker died. Veith was treated and released, said deputies.

Deputies charged Veith with felony DUI causing death, and said his blood alcohol level was .351, which is more than four times the legal limit.

Phyllis Veith was the owner of the 2000 Volvo S80 that allegedly caused the accident, states the lawsuit, thus Decker’s estate also holds her liable.

Decker’s estate is asking for damages such as funeral and burial expenses, medical bills, and loss of income. It is also seeking punitive damages.

Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Anonymous
2/10/10 at 2:09 PM
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my parents own a bar and yes they were told if someone leaves their bar drunk and wrecks they are held responsible...and kind of is the bartender's job to babysit...the bartender can refuse to serve anyone...especially being drunk...it is their responsibilty to take their keys and make try to find them a way home...my mom did it plenty of times...im pretty sure the only way to get a dui while just "sleeping it off" in your car is if your keys are in the ignition...if they are not in the ignition you cant get a dui...unless the laws have changed...
User Comment
You've got to be kidding me......
2/10/10 at 2:08 PM
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Why would you feel sorry for his mother? If she allowed him to drive her car, knew he had a prior DUI and was driving on a suspended license...why should anyone feel sorry for her? Was it "morally right" for her to allow him to drive her car knowing this? Would maybe the RIGHT thing to do would have been for her to get him the help he needed for his problem or at the very least said NO when he wanted to borrow her car. If Matthew and his mother would have done the RIGHT thing, none of this would have happened. Everyone is accountable for their individual actions, the mother loaned a car to an unlicensed drive, the bar served an individual that was intoxicated and an intoxicated driver got behind the wheel of a car and chose to drive and took another person's life. Stop overexaggerating what is going on by saying things like "Do you sue the maker of the gun"....give me a break. Just because this person or the mother of this person is your friend, or you know the owner of the bar, that doesn't make the individual decisions that each one made that night RIGHT. What is morally wrong here is that an individual who was not supposed to be operating a car, was - and he killed someone.
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Steve
2/10/10 at 11:58 AM
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Just because it is the LAW doesn't make it morally RIGHT. That is the problem with law today, along with the fact that the law defines justice as nothing more than money. I feel heartbroken for his mother, and shame on the lawyer who would go after her.
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G
2/9/10 at 4:32 PM
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I agree, Matthew Vieth is responsible, as are the club owners & bartenders. Matthew's mother is being held accountable for supplying him a car to drive knowing of the prior occurance and on suspension. It is LAW in most 50 states that a owner of a vehicle can receive the same penalities as the driver if their vehicle should the driver get a dui, cause injury or death even if the owner is home safe on the couch watching tv at the time of the occurance. As is it is law you can get a dui while passed out in your car sitting in the parking lots the establishment you drank at trying to sleep it off.

I saw this lawsuit coming a very long time ago. I am very aware that they are calling charachter witnesses against Matthew, aquirred surveillance video from the hotel and have depositions from parties at the hotel that will testify he was very visibly intoxicated and the amounts he consummed there via cash register receipts and payment sources. IT IS WHAT IT IS.
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Tort Reform
2/9/10 at 2:40 PM
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When will this end?

Why not sue the manufacturer of the alcoholic drink? or the manufacturer of the car because there was no breathalyzer built in to the car? Do you sue a gun manufacturer when someone uses a gun to kill someone else?

Jim:

Yes McDonald's can refuse service to anyone.

Accountability! The only person to sue is the driver of the car and you can't get blood out of a turnip!
User Comment
kr
2/9/10 at 11:39 AM
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jim, I did not know the reason for a bar was to get drunk, having just a beer or a drink is one reason for going into a bar.
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J
2/9/10 at 8:58 AM
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The reason they are going after the person who owns the vehicle is because he had already received a DUI before and had his license suspended at the time of this wreck. His mom should have never provided him with a vehicle to drive given those circumstances.
User Comment
Why the owner of the car?
2/9/10 at 7:42 AM
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I understand this family's grief, but I think they're going a little too far. A little over 5 yrs ago, I worked at Sheetz. It was made very clear to us in BAC class that if we sold alcohol to someone who was noticeably impaired, they wrecked, and injured someone, we could be held liable, even if they hadn't even opened up the alcohol we had sold them! So, it was my understanding that it was the seller's responsibility, not the company. So, in this case, I'm surprised they're not going after the bartender(s) that served him. Especially siince they're on a witch hunt to blame everyone possible. I can't believe they're suing the person who owns the vehicle! That's scarry. It makes you think twice before lending your vehicle out to anyone.
User Comment
Jim
2/8/10 at 11:14 PM
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kr...you do know that the point of a bar is......wait for it.....don't be surprised here.......TO GET DRUNK!!!!!!!! Is McDonalds allowed to refuse to serve me because I'm too fat?

As far as I know, we had done away with Prohibition a long time ago.

People need to be held accountable for thier actions drunk or sober. A little jail time and counseling is not holding them accountable.
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tami
2/8/10 at 10:25 PM
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it may not be legal to serve someone who is drunk but is it the bartenders job to babysit, each person has a different tolerance and it may not be outwardly obvious to the bartender. im not a drinker but many years ago i was and if i would have driven and wrecked it would have been my fault and no one elses. i still believe society needs to wake up and realize you dont drive and drink!!!!
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kr
2/8/10 at 9:38 PM
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you do know it is not legal to serve someone who is drunk?
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Johnny Ola
2/8/10 at 7:09 PM
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Who says Veith was noticeably intoxicated? How would the Pinnacle Club know if he was walking home, driving home or had a ride home? Maybe he bought booze at the Dairy Mart and then drove? The point is that he did it......not the Pinnacle Club or the owner of the vehicle. This system is so screwed up. Attorneys are the lowest form of life. It's all about cashola, not justice.
User Comment
tami
2/8/10 at 6:25 PM
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i agree with jim, i also feel for the family and want anyone and everyone accountable but bartenders arent babysitters. i would be angry also about being hit by a drunk driver but they are the ones who should be held accountable. for gods sake people when are we gonna learn not to drink and drive!!!!
User Comment
Jim
2/8/10 at 5:23 PM
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Give me a break. You can't blame the bar and only give the person responsible just a slap on the wrist. The system is so screwed up.

I feel for the family of the victim but this isn't right!

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