Lawyer: Hit-and-run victim could get $1M

BENNINGTON — The attorney of a man who lost a leg as the result of a hit-and-run accident said Thursday that he believes the award for a lawsuit against the driver and two local bars could reach $1 million or more.

Suing two local bars

"I believed there is a substantial likelihood of a large verdict for Mr. Ketchum — the verdict I expect that will be generated will be in excess of $1 million," attorney Patrick Winburn said.

Winburn, representing resident Michael Ketchum, mentioned the figure in a hearing to determine whether the Ryan's Cafe property and another bar owned by the same company should be frozen pending the lawsuit.

"The issue here is securing available funds for if the lawsuit is successful," Winburn said. "The statute allows for landlord liability, if the landlord knows or should have known if these things are going on."

Ketchum is suing the Redd Rascal Pub, Ryan's Cafe, the driver of the vehicle involved, Jeffrey Legacy, and JJ&J Inc. and Audrey Lachant, the landlords for the two downtown Bennington bars. The bars are being sued under "dram shop" laws, which hold the establishments responsible for visibly intoxicated patrons.

"This

was a motor vehicle accident in which Mr. Legacy was driving intoxicated and struck Mr. Ketchum," Winburn said. "Mr. Ketchum is still actively being treated for his injuries."

"Mr. Legacy did not get drunk on his own," Winburn said, adding that, by some accounts, Legacy had consumed 10 beers before he left Ryan's Cafe to go to another bar.

Winburn contended the case was part of a pattern with the bar. "Ryan's is a place where people go to get drunk," Winburn said.

Attorney Peter B. Joslin, representing the bar's landlord, JJ&J Inc., disagreed with Winburn's assessment and asked Judge David Howard not to grant the motion.

"Mr. Winburn ... failed to add the essential element that there is conflicting evidence here," Joslin said. "For example, in terms of whether Mr. Legacy was served when he was visibly intoxicated, the testimony of the bartender is in direct conflict with these witnesses."

Joslin said the issue of liability was also in question. "There is significant evidence that Mr. Ketchum was at fault in his actions as a pedestrian," Joslin said. "There can be accidents involving someone who is drunk where the accident is not a consequence of him being drunk."

Joslin said he doubted that a verdict for Ketchum would exceed $1 million, citing a similar case in which the award was just above $1 million but involved higher medical costs and lost income.

"We don't have anywhere near the special losses of that case in this case," Joslin said.

Attorney Richard Coutant, representing Ryan's Cafe, also disagreed with the motion. "A second bar has also been sued — the bar where Mr. Legacy went and drank after he left this bar," Coutant said. "The liability here is not solely in the hands of (Ryan's Cafe) and JJ&J."

Howard said he would not issue a decision at that hearing, but added that he would issue a written decision soon.

Legacy, 25, was sentenced last year to 2 to 7 1/2 years imprisonment for charges of while driving under the influence leading to serious injury, leaving the scene of a crash involving serious injury, gross negligent vehicle operation leading to serious injury, providing false information to a law enforcement officer and violating his conditions of release.

Legacy, who was behind the wheel of a 1989 Honda Accord, struck Ketchum on Jan. 27, 2007. Ketchum was crossing South Street, near the corner of Elm Street, at 11:15 p.m. when Legacy's car bore down on him in the crosswalk. Ketchum was thrown about 50 feet by the force of the impact, police said. Ketchum was seriously injured, and his left leg was amputated below the knee.

Police found Legacy's car abandoned in the woods of White Creek, N.Y., a few days later. According to police, Legacy first claimed that a female had been driving the car at the time of the accident. Police said Legacy admitted to involvement in the crash during a later interview.