Date: December 15, 2011By: Atlanta Dram Shop Lawyers

The family of a man killed in a car accident a year ago is suing the Gwinnett Country restaurant that served alcohol to the two men who face charges in his death, according to The Republic. 

Allegedly, Soon Mo Kwon, 22, and Gho H. Lee, 23, were intoxicated when they left Café Todahmgol at 3 A.M. in separate vehicles. According to a police report, the Lexus that Kwon was driving sideswiped the Kia Forte driven by Lee on Steve Reynolds Boulevard. As a result of the contact, Kwon’s Lexus veered into oncoming traffic where it struck a vehicle driven by Eddie Ko, 23, head-on.  Ko was taken to a hospital, where he died later that morning. A passenger in Kwon’s car, Se Shin, 22, also died. 

Kwon was charged with vehicular homicide, serious injury by vehicle, DUI and improper lane change.  Lee was charged as well, on separate counts of DUI, driving with a suspended license and making false statements. Both men currently await trial in Gwinnett County for their alleged crimes. 

The lawsuit filed by the Ko family names AKO Corp, the Duluth based parent-company of Café Todahmgol, a defendant along with Kwon and Lee. The family alleges that the staff at Café Todahmgol “knew or should have known” that Kwon and Lee would soon be driving and should not have continued serving them alcohol. According to various news outlets, the family is seeking unspecified damages in the case.

Under Georgia dram shop law, proprietors and social hosts have a legal responsibility to avoid serving alcohol to a person who is visibly intoxicated. Furthermore, if a proprietor or social host does serve an intoxicated person who later causes a drunk driving accident or an assault, the victim may bring a civil claim against the server and the server’s employer.  If you or a loved one has been injured as the result of someone being served too much alcohol, you may be entitled to punitive damages, as well as compensation for any related expenses and losses, including medical bills, lost wages, permanent injuries and pain and suffering.  Contact an Atlanta drunk driving accident attorney now to find out if you are eligible for compensatory damages.  

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Keywords: Duluth drunk driving accident, Georgia dram shop law