The husband of a Taylor woman killed in an alcohol-fueled July crash is suing the store that provided the booze.
Duane Smith, 22 William St., Taylor, is seeking at least $200,000 from convenience store PT Express LLC, 1500 S. Main St., Taylor, for negligence, wrongful death, survival action and punitive damages after Sherry Hubert killed his wife, Kim Smith, 48, in a July 21 crash on the 300 block of Oak Street, a lawsuit states.
Ms. Hubert, 45, was charged with homicide by motor vehicle while driving under the influence, third-degree murder and related counts after she drove down Oak Street at close to 100 mph, colliding with Mrs. Smith's car. Mrs. Smith was killed instantly, and her passenger, 58-year-old Lydia Riley of Taylor, died six days later from her injuries.
Ms. Hubert's blood test at Regional Hospital of Scranton later showed a 0.208 percent blood-alcohol content - 2½ times the legal driving limit of 0.08 percent - as well as the presence of THC, the psychoactive substance found in marijuana.
Mr. Smith's lawsuit claims that PT Express "served intoxicating beverages" to Ms. Hubert on July 21 while she was "visibly intoxicated." The lawsuit also claims the company failed to property instruct, train and supervise employees about refusing service to people who were visibly intoxicated.
The suit is asking for at least $200,000 for medical and funeral expenses, pain and suffering and other damages.
Contact the writer: jkohut@timesshamrock.com, @jkohutTT on Twitter