Hannon response sought on Big Daddy lawsuit

ACTON â€" A public notice was issued last week ordering Patrick Hannon, former Acton restaurant and bar owner, to respond to a suit stemming from a car accident that claimed the life of a Shapleigh man two years ago.

According to court documents, the attorney resorted to serving Hannon via public notice after attempts to reach him at his known addresses in Acton failed. Hannon must appear or file an answer in court within 20 days of the first date of publication, which was May 11.

Christian Lewis of Hardy, Wolff and Downing in Lewiston, filed a complaint in York County Superior Oct. 21, 2010, on behalf of Crystal Gewlas of Gouldsboro, sister and “personal representative” of Alexander Gewlas III, who died March 6, 2009, in a single car accident after leaving Hannon’s establishment on Route 109 in Acton.

According to a York County Sheriff’s Office report, the 28-year-old Massabesic High School graduate’s blood alcohol level at the time of the accident was 0.14 percent, nearly twice the legal limit of 0.08 percent.

The complaint alleges that Hannon, his restaurant Big Daddy’s and his parent company Square Pond Marina “by and through its/their agents, servants and/or employees did recklessly serve alcohol to Plaintiff,” Alexendar Gewlas III.

The complaint, summarized in the public notice, further states that the defendants owed the plaintiff “the duty to use care when serving alcohol to its patrons” and “the reckless service of alcohol by the defendants … while the Plaintiff was visibly intoxicated, was a proximate cause of the multiple injuries and death of the Plaintiff, Alexander Gewlas III.”

Crystal Gewlas is seeking judgment “in an amount sufficient to fairly and reasonably compensate for all injuries and damages, plus plaintiff’s costs and interests,” Lewis wrote in the three-count complaint.

According to the Maine Liquor Liability Act, any claim against a server alleging negligent or reckless conduct must be filed within two years of the alleged date of service, and the amount of money awarded for “damages for losses other than expenses for medical care and treatment” may not exceed $350,000 “for any an all claims arising out of a single accident or occurrence.”

If Hannon fails to appear or answer in court within the given time period, Lewis said, judgment by default may be rendered against him for the relief demanded in the original complaint.

Acton selectmen denied a liquor license renewal request from former Big Daddy’s owner Hannon in April 2009. Hannon appealed to the Maine Department of Public Safety Liquor Licensing Division, which later upheld the local board’s decision based on several incidents â€" described as “breaches of the peace, disorderly conduct and other violations of the law” â€" including the accident that claimed the life of Alexander Gewlas III.

Hannon could not be reached for comment prior to the Weekly Observer’s Monday deadline.

Lewis had no comment last week as to what prompted his client to take legal action against Hannon or if his client has a specific dollar amount in mind. Crystal Gewlas did not return calls seeking additional comment.