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26-year old Jeremy Cole was killed in a September 23, 2006 crash which occurred when the driver drove off an overpass and struck a guardrail in Olympia, Washington. The driver was arrested Tuesday on vehicular homicide charges. Reportedly a witness saw her drinking at a Lacey bar shortly after getting in the car.

Witnesses indicate that the driver, Kaylin Burgett, may have been intoxicated if something less than “wasted” or “obliterated.” The server recalled that she “seemed fine.” The bar has reportedly cooperated with the State Patrol’s investigation.

Any serious injury case involving alcohol should be investigated for the possibility of an “overservice” claim. A plaintiff is required to show that the establishment sold alcohol to the at-fault party when he was “obviously intoxicated,” rather than simply “apparently under the influence.” A relatively recent Washington Supreme Court case is Barrett v. Lucky Seven Saloon, Inc., 152 Wash.2d 259, 96 P.3d 386 (2004).

Read more: Jeremy Pawloski; The Olympian

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