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Lawsuit filed in fatal motorcycle crash

A Venango County woman and her husband have filed a lawsuit over injuries and mental health impacts she claims to have suffered when the pickup truck she was driving was struck by a motorcycle in a June crash in Butler County which claimed the lives of both men on the motorcycle.

Jodi and Ronald Miller, of Emlenton, filed the suit in Butler County Common Pleas Court last week against the administrators of the estate of the late Zachary McGregor, 32, of West Sunbury, who was driving the motorcycle, and two bars where the Millers said McGregor was drinking before he crashed while riding with his passenger, the late Caleb A. Kiely, 31, of Petrolia.

The Millers contend in the suit that the bars knew or should have known that McGregor was intoxicated and should not have served him alcoholic beverages.

An report filed by state police June 12, the day after crash, does not say McGregor was intoxicated or that alcohol was a factor. The report indicates he might have been speeding. The civil complaint does not say what led the Millers to claim McGregor was impaired.

The estate administrators are Butler County residents Lewis McGregor Jr. and Jeremy McGregor. Their attorney, Tom King, of Butler, declined to comment on the lawsuit.

Emlenton residents Daryl Schiberl and Melvin Schiberl, who own Otto’s Tavern in Emlenton, and the Paul W. Ward VFW Post 7840 were named as defendants. None could be reached for comment.

According to the suit, after visiting both bars June 11, Zachary McGregor, while visibly or noticeably intoxicated, drove Caleb Kiely on his motorcycle on Route 38 in Eau Claire, and, without warning, lost control of his bike while trying to negotiate a right-hand curve and slid into the opposite lane, where Jodi Miller was driving. The crash occurred just before 6 p.m.

Zachary McGregor and Kiely were pronounced dead at the scene.

Jodi Miller suffered a severe head injury as well as a severe neck injury that requires chiropractic care, according to the suit. She has post-traumatic stress disorder, mental anguish and receives eye movement desensitization and reprocessing therapy due to acute injury to her nerves and emotional psychological well being, according to the suit.

Ronald Miller lost “the society, comfort and services” of his wife, and has paid substantial bills for her medical and other health care expenses, according to the suit.

The suit argues that Otto’s and its employees and the VFW and its employees knew or should have known McGregor was visibly intoxicated and incapable of operating a motorcycle due to the consumption of intoxicating beverages, and that they illegally and improperly served him excessive intoxicating beverages.

Otto’s, the VFW and their employees had a duty to exercise proper care in the sale of alcoholic beverages so as to protect the public from the dangers and hazards posed by intoxicated persons — including people visibly intoxicated and people they should have known were intoxicated, according to the suit.

The defendants had a duty to obey state liquor code requirements prohibiting serving alcohol to people visibly intoxicated or who they knew or should have known were intoxicated, according to the suit.

Counts of negligence were filed on behalf of Jodi Miller against the estate administrators, the Schiberls and Otto’s Tavern, and the VFW. Ronald Miller claimed the “loss of consortium” in a claim against each of the defendants.

The Millers are seeking more than $35,000 for each of the four counts in the suit, and are demanding a jury trial in Butler County Common Pleas Court.

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