A now former Windsor Locks police officer, and the tavern that served him alcoholic beverages though visibly drunk, have been found liable in the wrongful death of a teenaged bicyclist, as reported by The Republic from Hartford, Connecticut.
The family of the boy, 15 at the time of his death, did not release the terms of the agreement. Court documents collected by The Associated Press revealed that a third party, the father of the drunken driver, R.K., was also named in the suit.
Just past midnight on October 30, 2010, then-officer M.K., while off duty, drove his vehicle over 70 mph in a 35 mph zone and struck H.D. on his bicycle, killing him.
M.K., 25, was fired from the police department after the incident as is currently facing manslaughter, and other charges.
Before the collision M.K, had been seen drinking alcohol - for several hours - by numerous witnesses. A surveillance video, taken at the Suffield Tavern, showed him exiting the bar in, what troopers called, "an unsteady manner."
The owner of the tavern, J.B., closed the bar following the incident - only to reopen it with a new owner since.
R.K. was charged with hindering the investigation. Per a police report R.K. responded to the incident, drove his son to the police station, and then went back to the scene up to three more times. When M.K. was transported to a hospital, R.K. denied investigators both access to his son's room, a statement, and from gaining a blood sample.
The car involved in the incident is owned by R.K. and his wife; for that reason both were named in the suit.
In an 82-page long investigation - done independently from the police department - it was determined that there were several problems with the way that the police handled the incident. Some of the items listed include the failure by officials to question M.K. about his alcohol consumption while he was still at the scene, failure to gain a sample of his blood for a blood alcohol test, lack of leadership and poor management.
There was no evidence of a police cover-up in the report.
In the vehicle police collected an unopened 30-pack of beer, several bottle caps and beer glass near the scene. Officers believe that the broken glass may have been caused by R.K. tossing away evidence of his drinking.
Without blood alcohol tests M.K. could not be charged with DUI.
M.K., a rookie officer, has since been fired by town officials and, like his father, is free on bail.
The lawsuit named both M.K. and J.B. of recklessness and negligence causing the death of the teen boy. The bar was accused of serving alcohol to M.K. when he was already visibly drunk.
If you have lost a loved one due to a drunk driver, or to the fault of anyone else, you have grounds for a wrongful death lawsuit. Click here for our directory and contact a personal injury lawyer to help you designate whom to name in your suit.