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Yukon Territories

Mother of Sweet Home woman killed in drunk driving crash sues Springfield bar

The mother of a sweet home Woman killed in a car accident is suing the bar that allegedly overcharged the driver of the car that killed her daughter.

Valerie Watters is suing on behalf of her daughter’s estate, Stormy Barge Randsmoor LLC, who owns and operates the White Horse Saloon in Springfield. The lawsuit, first filed in Linn County Circuit Court in June and amended in September, seeks $650,000. Watters declined to comment on the case.

The wrongful death lawsuit alleges a barmaid at the White Horse Saloon served beer to Brian McIntire when he was already showing signs of “visible intoxication”.

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The complaint alleges that this overdose led to McIntire driving while intoxicated and killing Barge and her daughter in a two-vehicle accident near Crawfordsville in 2019.

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In this 2020 file photo, former prosecutor Keith Stein can be seen in front of a picture of Stormy Barge, 24, and her daughter Emma Pulido, 5, who died in a 2019 accident on Brush Creek Road. Sweet Home resident Brian McIntire was convicted of manslaughter in the case.

Mid-Valley Media (file, 2020)

the crash

The fatal double-wagon accident happened around 6:17 p.m. on July 23, 2019 in Linn County.

After previous coverage by Mid-Valley MediaTy Kirkland, then 23, was driving a black 2003 Mitsubishi Lancer southbound on Brush Creek Road with three passengers: Stormy Barge, 24, and their two children, Emma Pulido, 5, and Macy Pulido, 3.

McIntire was driving a green 1999 Jeep Wrangler northbound when it left its lane and collided with the Mitsubishi.

According to previous reports, Barge was pronounced dead at the scene and medics transported Emma Pulido via LifeFlight, but she died en route to Good Samaritan Medical Center in Corvallis.

Paramedics transported Kirkland and Macy Pulido to a nearby hospital with injuries.

The process

McIntire was convicted of two counts of first-degree manslaughter, driving under the influence and fourth-degree assault under a six-day trial period in December 2020.

Defense attorney Tyler Reid argued that while McIntire swerved into oncoming traffic, the collision occurred after McIntire corrected and Kirkland was in the wrong lane at the time after swerving around McIntire.

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Brian McIntire listens to his attorney Tyler Reid’s opening statement in this 2020 file photo of McIntire’s manslaughter trial at the Linn County Fair & Expo Center.

Mid-Valley Media (File, 2020)

Reid also claimed that most officers at the scene saw no signs of impairment. A deputy claimed to have seen something in McIntire’s eye, but Reid said it could have been flashing lights or a symptom of McIntire’s car overturning.

According to previous reports, there was some dispute as to what McIntire’s blood alcohol level was after the crash. Reid argued that it was recorded at about 0.06% three hours after the collision and that this may indicate that McIntire was not disabled.

During the trial, former prosecutor Keith Stein said an expert’s estimate of McIntire’s blood alcohol content at the time of the crash was 0.09 to 0.14 percent.

An affidavit on probable cause in the case claimed McIntire told law enforcement he had been in a bar for a few hours after work, had only two Budweiser beers, and thought he was intoxicated when he drove home be.

Surveillance video from the White Horse Saloon showed McIntire had five beers in three hours after work before driving home and colliding with Kirkland, Stein said at the trial.

McIntire also reportedly told authorities he was drowsy and thought he was speeding before the accident.

Following the beliefsLinn Circuit Judge Thomas McHill sentenced McIntire to 20 years in prison.

McIntire, now 32, is being held at Snake River Correctional Institution, according to the Oregon Department of Corrections database, and his earliest discharge date is November 27, 2040.

The lawsuit

McIntire may be in prison, but there could be another party to blame for Barge’s death.

Barge’s estate is seeking $500,000 in noneconomic damages and $150,000 in economic damages.

In the lawsuit, Corvallis-based attorney James Nelson alleges the barmaid at the White Horse Saloon actually overserved McIntire on July 23, 2019, in violation of Oregon’s alcohol liability laws.

“Brian McIntire’s poisoning was a significant factor in causing the crash that resulted in Ms Barge’s death,” the complaint said.

According to the lawsuit, McIntire had named five Budweiser “pounders” during his time at the bar — because the 16-ounce size weighs a pound. He was reportedly a regular customer, usually coming in after work, opening a tab and tipping the bartender.

Nelson said in a phone interview that there are many “competing human motivations” in these cases, as bartenders may have incentives to continue serving patrons. They can be motivated by giving tips or pleasing managers who want to see a big win.

There are many signs of intoxication, but some bartenders may only know the obvious ones, Nelson added.

After four drinks, McIntire closed his bill, but shortly thereafter decided to have one more beer during happy hour before heading home, according to the lawsuit.

Brian McIntire (copy)

Brian McIntire has been convicted of manslaughter in connection with a 2019 car accident that killed 24-year-old Stormy Barge. Barge’s mother is suing the bar, which McIntire allegedly overcharged before the crash.

Nelson said there is video surveillance from inside the bar the night of the crash, but it can be difficult to see clear signs of poisoning just by sitting down. He also said some people take longer to show visible signs of poisoning.

The complaint alleges that an expert’s report would determine that McIntire was legally intoxicated based on McIntire’s weight and the amount he drank.

McIntire left the bar at around 5:40 p.m. and was later observed “driving irregularly” and going in and out of his lane, according to the lawsuit, and a motorist attempted to call police. The crash happened shortly after.

The bar’s response

In a response to the lawsuit filed in September, Randsmoor denied responsibility for Barge’s death, saying, “At no point did the very experienced bartender who (McIntire) served show any signs of visible intoxication that would justify not failing him.” continue to use. ”

Eugene-based attorney Robert Lowry, representing the defendant, declined to comment on the ongoing litigation.

The defense alleges that many of the allegations made in the amended lawsuit “contain facts unsuitable for pleading under the Oregon Civil Procedure Rules.”

The defense is asking that some statements be removed from the lawsuit, including reports that McIntire was driving erratically before the accident and claims that McIntire’s intoxication was a “significant factor” in causing the fatal accident.

According to the response, the plaintiff’s attorney has agreed to remove the paragraph relating to the alleged expert testimony that would claim McIntire was intoxicated based on how much he drank in relation to his body weight.

Randsmoor contends that “this accident, if anything, was caused by an intervening, overriding event, namely the subsequent independent negligence of the driver who caused the accident.”

A case management hearing was held on January 17, with the next hearing scheduled for April 18.

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Maddie Pfeifer covers public safety for Mid-Valley Media. She can be contacted at 541-812-6091 or [email protected] Follow her on Twitter via @maddiepfeifer_

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