110 W. New York Ave., DeLand, FL
386-734-4622
PHOTO COURTESY KATIE STILLER
Happier times — Katie and Sean Stiller in Baton Rouge, La., earlier this year.
Lawsuit says 19-year-old crashed after drinking at bar
By Jennifer Horton and Barb Shepherd
posted Oct 14, 2009 - 2:34:54pm
Twenty-year-old Sean Stiller of Cassadaga is suing Halftime Sports Bar, alleging he wrecked his motorcycle after he was illegally served alcohol at the Downtown DeLand bar.
The lawsuit, filed Oct. 8 by Miami attorney Mark Feinstein, alleges Halftime served Stiller alcohol in the hours before his July 1 motorcycle crash, even though the bartenders knew he was not 21.
After spending weeks in a coma at Halifax Health Medical Center in Daytona Beach, Stiller is living now at a rehabilitation hospital in Jacksonville. His attorney said his medical expenses currently exceed half a million dollars.
Stiller was 19 years old this summer when he wrecked his motorcycle at the intersection of Cassadaga Road and Dr. Martin Luther King Jr. Beltway. He had been on his way home to Cassadaga around 2 a.m., after spending time with friends in DeLand.
When he didn't show up at home, his friends searched for him, but couldn't see him or his motorcycle lying off the side of the road at the intersection. He was discovered by a bicyclist about three hours after the crash.
His mom, Katie Stiller, said her son fractured almost every bone in his face, and had trauma to his brain, broken ribs, punctured lungs, a lacerated liver, and ant bites from lying, unconscious, in the grass.
The lawsuit asks for damages exceeding $15,000, the statutory threshold for Circuit Court.
"Sean's case is worth multimillions of dollars," his attorney said.
The lawsuit alleges employees of Halftime knew Stiller was under 21, but didn't ask him for identification before serving him drinks. The suit states Stiller was intoxicated, which caused the motorcycle crash.
Halftime, according to the lawsuit, violated a Florida State Statute that prohibits the sale of alcohol to minors.
"Our investigation so far has shown it looks like they knew and have knowledge there are people in there under 21, and they continue to serve them," attorney Feinstein said.
Feinstein said he is still in the early stages of his investigation, and doesn't know what Stiller's blood-alcohol level was when rescue workers found him, or how many drinks he might have had.
"I can tell you, he was under 21 and he was drinking at that establishment," he said.
State records show the corporation that operated Halftime was dissolved Sept. 25.
Feinstein said this should not substantially affect the case; if the corporation is dissolved, he said, the former officers of the corporation would be personally responsible.
Feinstein said Halftime owner Howard Navin has not been in contact with the law office, and didn't respond to initial inquiries about Stiller's claim.
"We don't even know if there's any insurance coverage," Feinstein said. "The reason we had to file [suit] was, they refused to respond to any of our correspondence. ... We got zero response from this guy. Zero."
Navin also did not respond to calls from The Beacon.
Katie Stiller wouldn't comment on the lawsuit, but she gave a progress report on her son.
"He's doing a lot better," she said. "He's learning to walk again, learning how to talk again. ... He's eating really well. It's all soft foods, but he's eating double portions."
Katie Stiller, a bookstore manager, misses work regularly to be with Sean.
"I've been driving to Jacksonville three or four days a week," she said.
At Brooks Rehabilitation Hospital, Stiller is going through a rigorous therapy schedule, his mother said, and he is making progress.
Stiller credits continued positive thoughts and healing prayers sent to her son by the community. She asked people to keep praying for the family.
"Keep up the prayers and the good thoughts," she said. "And all of the positivity."
The lawsuit alleges Halftime Sports Bar violated Florida State Statute 768.125.
768.125 — Liability for injury or damage resulting from intoxication.--A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
Reader Comments
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Are you stoned or stupid? I a a motorcyclist and rule number one is you don't drink. And why, knowing he was under age, did he go in the bar in the first place? You are patronizing this young man for his stupid actions. Here's a question for you. Did he have a motorcycle endorsement? Did he have insurance? Did he fail to use common sense? In case you don't know what common sense is your too ignorant to be told.
Ride a motorcycle drunk and you will most likely die. If you want to ride with me after drinking you can ride alone. I have too much to live for without some dumb *** screwing things up.
seems halftimes hasn't gotten it yet. still serving minors of last night - 10/22
2nd story in a row with Halftimes in it. Great ad campaign they got going.
I agree that underage drinking is a problem downtown, but a 19 year old is old enough to take responsibility for his own actions. Must not be anyone else he can sue.
Another "Victim" who was forced to drink wildly and drive a motorcyle can't take responsibility for his own actions now combined with a sleazy attorney goes after clearly struggling business man and the never ending lawsuit cycle that raises the cost of living and insurance for everyone with no end in sight. Has anyone ever met anybody with the old fashioned philosphy of "you are are responsible for your own actions?" well Hitler felt at the end he wasn't responsible for his own actions as (translated from German history) -he had a "mandate from the people and history to do what he had done" this will never end as long as humanity accepts bad thinking.
so everybody let's drink and drive tonight for surely we can blame somebody else in the morning.
I hope this lawsuit ruins the bar.
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