Lawsuit says restaurant to blame for 2004 crash

One Corbin restaurant is being blamed for injuries a local woman suffered during an auto crash in late Oct. 2004.
A lawsuit filed in Whitley Circuit Court Monday accuses El Dorado Mexican Restaurant of serving too much alcohol to James Kelley, who was a patron at the establishment on Oct. 29 or 30. The complaint, filed by Corbin attorney David O. Smith, says Kelley left the restaurant, “extremely intoxicated, and drove “at a high rate of speed” down US 25 W when he collided with another vehicle. D. Renee Benfield, a passenger in the vehicle Kelley struck, was injured and is the plaintiff in the lawsuit.
“They have to protect the public if they let somebody become intoxicated on their premises,” Smith said.
Smith said Benfield suffered in excess of $20,000 in medical expenses because of the crash. He is asking a jury to compensate her for those expenses, for lost past and future wages and, punitive damages for her injuries.
“We think the jury will award her money,” Smith said. “If we are going to have these bars in the community, they are going to have to be responsible.”
Benfield was formerly as bartender at El Dorado, but was not employed there at the time of the crash.
Smith said Kelley pleaded guilty to an assault charge stemming from the accident.
El Dorado owners were accused by state regulators last October of illegally serving underage drinkers, for serving too much alcohol to at least one customer and other charges. In March, the restaurant paid a $1,200 fine to settle claims with the Kentucky Alcoholic Beverage Control Board (ABC) before a scheduled public hearing on the issue.
Smith said he plans to use information gathered by ABC investigators in the case if a judge will allow.
El Dorado was the first restaurant in Corbin to sell alcohol after voters approved a by-the-drink referendum in 2003.
El Dorado owner Esteban Campos did not return calls seeking comment on the lawsuit Tuesday. Corbin attorney Mary Ann Rush, who represents El Dorado owners, also would not comment on the case.