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Lawsuit filed against North Union bar in fatal accident

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Monday, Dec. 16, 2013, 4:42 p.m.

A civil lawsuit accuses a bar in Fayette County of negligence for allegedly serving an intoxicated man who later was involved in a fatal motor vehicle accident.

Michaelene V. Ruffcorn, administratrix of the late Anthony Balosky's estate, named Walt's Lounge on West Main Street in North Union as the defendant in the suit filed in county Common Pleas Court.

Balosky, 35, of Republic, died Aug. 1, 2012, at 11:40 p.m. when his vehicle was hit by a pickup truck driven by Gary Lee Brackenbury Jr.

Brackenbury, 34, of Brownsville, pleaded guilty Dec. 5 to homicide by vehicle while driving under the influence and related charges. He faces 3 to 6 years in prison when he is sentenced Jan. 2.

In the lawsuit, attorney James T. Davis of Uniontown alleges the lounge served Brackenbury three shots in “a short amount of time” and sold him a six-pack of beer before the accident.

Davis contended the bar failed to realize Brackenbury “was becoming intoxicated” and failed to “remove Mr. Brackenbury from the premises when it was known he was intoxicated.”

According to the lawsuit, the bar is owned by Walter and Richard Guziak. Neither could be reached for comment.

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