In the most recent update of a wrongful death lawsuit against a Ramada hotel, WTAE Pittsburgh reports that the fact that the teen who was "able to drink on the job before he left work" will be included in the lawsuit.
In 2006, 17-year-old Sean Nemcheck died after his truck drove through a fence and into a pond. He had been driving home from work at the Ramada of Historic Ligonier. His BAC level registered at 0.14%. For someone who is under the drinking age of 21, the legal BAC limit is 0.02%.
In another article by WTAE Pittsburgh, the owners of the Ramada Inn had already pleaded guilty to "21 counts of violations to the child labor law including: allowing minors to work past 1 a.m. on the weekend, allowing minors to work in excess of eight hours, allowing a child to work where alcohol was sold and not having proper employment certifications." The car accident was believed to have occurred at 3:30 a.m. after Mr. Nemcheck had just ended a nearly 16 hour work day. Current child labor laws in Pennsylvania require that people under 18 year of age cannot work more than 8 hours a day.
The Pittsburgh Tribune-Review reports that Judge Richard E. McCormick Jr. ruled that "facts from previously litigated issues are to be considered as true in the ongoing lawsuit" that was filed by the family's PA personal injury attorney. Some of these litigated issues include the facts like the bar area was unlocked and unsupervised. In one previous legal proceeding, it was ruled that the Ramada where Mr. Nemcheck had worked had furnished alcohol to him.
Related Resources:
- Wrongful Death Overview (FindLaw)
- Child Labor Laws (LawBrain)
- PA Personal Injury Attorney Directory (FindLaw)
