The surviving victim of a double-fatality car accident involving an alleged drunken driver last month is suing the driver and the bar that served him the liquor prior to the accident.
Aaron Sharples, 19, filed his suit this week in 3rd District Court against Liquid Joe's, Inc., 1249 E. 3300 South, and Paul Upwall, 31, the driver of a pickup truck that slammed into a Jeep carrying Sharples and two friends.Sharples suffered multiple injuries, including severe burns to his face and left arm, and the partial loss of his right ring finger, said his attorney, Colin King. Sharples has spent 24 days in the hospital and undergone three surgeries, the latest one on Wednesday to transplant a nerve on his left arm.
"He's going to have permanent disability, but how much remains to be seen," King said. "He's healing very well, but his left arm is still having skin grafts."
The lawsuit seeks unspecified damages to be proven at trial, but King said Sharples' medical bills so far exceed $140,000. Under the Utah Dramshop Act, businesses that serve alcohol to individuals that cause fatal accidents can only be liable for up to $500,000 in damages.
Representatives for Liquid Joe's declined to comment on the record.
According to the lawsuit, on Jan. 15, Sharples; Casey Dugdale, 19; and Chris Oseguera, 18, were in the Jeep westbound on 3500 South waiting at a red light at 3200 West.
At that point, "a pickup truck driven by Upwall rear-ended the Jeep at a high speed, causing the Jeep to roll on its side, slide and catch on fire, sending flames as high as 30 feet," the lawsuit states.
Sharples was ejected from the Jeep, while both Dugdale and Oseguera remained trapped and died at the scene. The pickup truck also rolled on its side and came to rest on Sharples' left arm, King said.
Police said Upwall fled the scene on foot and was located later that day. He has been charged in 3rd District Court with two counts of automobile homicide, a second-degree felony; driving under the influence of alcohol, a class A misdemeanor; and failing to remain at the scene of an injury accident, a class A misdemeanor.
"Before the accident, Upwall had been drinking at Liquid Joe's and at the time of the accident was operating his vehicle with a blood or breath alcohol content of .08 grams or greater by weight or while under the influence of alcohol or drugs to a degree that rendered him incapable of safely operating his vehicle," the lawsuit states.
King said it is possible the families of the two men who died will join in the lawsuit.