Suit filed in crashes
Published 12:00 am Friday, December 8, 2006
- Teressa Rerras/Special to the Daily NewsRose McDowell holds photos Nov. 20 at her home of sons Cory (left) and Rory McDowell, both of whom died Dec. 7, 2005, in separate automobile crashes.
Since the death of her two sons in separate automobile crashes one year ago, Rose McDowell has wanted to use the experience to help others.
Part of that effort is to make owners of businesses that serve alcohol realize they’re responsible for their customers. McDowell said she is doing that by suing Spillway Bar and Grill, the location where her sons Rory and Cory McDowell were drinking the night they died. Rory and Cory McDowell were killed Dec. 7, 2005, in separate automobile crashes as they were driving home from the bar.
She filed the suit against Spillway on Thursday in Warren Circuit Court.
Toxicology reports showed Cory McDowell registered a 0.253 blood alcohol content, while Rory McDowell registered a 0.165. The legal limit is 0.08. The establishment was responsible for the amount of alcohol they served the boys and needs to be held accountable, McDowell said.
“It’s not about the money to me,” she said.
Holding one business accountable for its actions may make another business change the way it does things and save someone’s life, McDowell said.
A person answering calls at Spillway this morning said the bar had no comment about the suit. Phone calls to Rosa Daugherty, who was served with the suit, were not returned.
The suit says that the bar has a duty to its patrons to monitor the amount of alcohol served and prevent patrons from leaving immediately after consuming a large quantity of alcohol.
“Defendant knew or should reasonably have known that the decedents were intoxicated and were operating motor vehicles. Defendant breached its duty by permitting each of the decedents to leave the premises after consuming significant quantities of alcohol to impair their ability to operate a motor vehicle,” according to the lawsuit.
The lawsuit does not specify monetary damages being sought.
The lawsuit was filed on the one-year anniversary of her sons’ deaths – an event she thinks about daily, McDowell said.
The year since the accident has been very difficult, she said. Her weight has plummeted from 143 pounds to less than 115.
“My doctor told me if I lose any more weight, we’ll have to do something serious,” McDowell said.
Since the death of Rory, 23, and Cory, 21, McDowell has waited to become part of Mothers Against Drunk Driving so others can learn from her experience.
“They require you to wait a year from the time of the accident to speak,” McDowell said. “I went to an event the other night and listened to a woman who had lost her 6-year-old child.”
There was also a boy required by court to be there because of a driving under the influence violation, she said.
“I felt good because I think my being there really had an impact on him, but I felt bad because he was there,” she said.
Young people need to understand they can go out and have fun without drinking and if they do drink they need to stay wherever they are and not drive, she said.
“Even one beer can impair your ability to drive,” McDowell said.
Since the accidents, she wears a gold necklace and cross given to her by her sons on Mother’s Day in 1997, she said.
“It reminds me of Rory and Cory and of God,” McDowell said.
Her faith is why she has decided to use her painful experience as a way to prevent other families from going through the same thing, she said.
“I’m trying to do the right thing to bring glory to God’s name by helping other people,” McDowell said.
Rory McDowell died after his vehicle left the road in the 1200 block of Plum Springs Road at 1:23 a.m. He overcorrected the van and it went into a sideways skid, crossing the road and striking a tree.
Cory McDowell was traveling west on Ky. 526 at 1:42 a.m. when the 1984 Porsche he was driving veered off the left side of the road, causing it to go into a 180-degree spin. The vehicle then struck a tree and caught fire, according to the original Kentucky State Police report.