Bar's owners move to upend crash lawsuit

SANDPOINT - Counsel for a Washington state man seriously injured in a head-on crash three years ago are fighting efforts to abruptly end a lawsuit the man filed against a Sandpoint bar accused of over-serving alcohol.

Benjamin Abram Woelk sued the occupants of the vehicle which ran into him and the operators of Roxy's last year. The court action stems from an Oct. 23, 2005, crash on U.S. Highway 95 south of Bottle Bay Road.

Idaho State Police said Thomas Jeffery Schultz was southbound in a Geo Storm, crossed the center line of the highway and struck Woelk's Ford Tempo.

Woelk, 28, suffered catastrophic and permanent injuries, according to the civil complaint. He was hospitalized at Harborview Medical Center in Seattle for several weeks.

Schultz, 50, of Sagle, pleaded guilty to felony driving under the influence shortly after a jury was sworn in at his 2006 trial, court records show. He was subsequently sentenced to a suspended prison term of 2-4 years with retained jurisdiction, which made him eligible for release after serving six months. He was also ordered to pay $138,146 in restitution.

Woelk brought suit against Schultz and Jacqualyn Decker, the owner of the compact which crashed into his sedan. Decker, 38, also from Sagle, was a passenger in her vehicle at the time of collision. Also named as defendants in the suit were Roxy's and its owners, Charles and Wanda Miles.

The suit accuses unnamed staff at Roxy's of serving Schultz and Decker even though they were obviously intoxicated. Under Idaho's liquor law, drinking establishments and party hosts can be held liable for damages if they serve alcohol to a person who is obviously drunk.

Attorneys for the bar's owners are moving for summary judgment in the case. They argue the defendants were not properly notified of a claim and, as a matter of law, the case should be dismissed.

Woelk's attorneys insist proper notification was provided.

A hearing on the defense motion is pending in 1st District Court.