Bernauer family seeks $3.6M in damages for death of teenager after 2014 wine festival
Car crashed after festival
The family of a teenage girl who crashed her car and died after working at the Shores of Erie International Wine Festival is suing the festival, an organizer and her employers for $3.6 million.
Emily Bernauer’s parents, Christian and Kimberly, are seeking damages of $2.55 million. Her brother Christian E. Bernauer is seeking $700,000, sister Priscilla is seeking $200,000 and maternal grandparents Lenard and Olga Beaudoin are claiming $150,000.
They have filed the suit against the festival, Sobeys Inc., Sobeys Capital Inc., Amherstburg Sobeys store owner Renato (Rennie) Rota and Rota’s wife, Anne, who was one of the festival’s organizers.
Emily Bernauer, 18, died in a single-car crash Sept. 6, 2014, on Concession 2. Police say the underage girl had alcohol in her bloodstream. The lawsuit alleges Rennie Rota provided Emily Bernauer with a bracelet indicating she was of age to drink and that the alcohol found in her bloodstream had been supplied by Rota’s wife.
None of the allegations contained in the statement of claim have been proven in court.
None of the parties named in the lawsuit have yet to file statements of defence with the court.
Reached Friday, Karen Gyorgy, festival chairwoman, referred inquiries to the lawyer for the festival’s insurer. That lawyer did not return calls.
Similarly, a spokeswoman for Sobeys did not return phone messages.
The lawsuit claims Emily Bernauer was allowed to drink even though those serving her knew or ought to have known that she was not of legal drinking age and “that she was impaired or would become impaired.”
The lawsuit alleges no one stopped Emily from driving when she left the festival premises despite her being “obviously intoxicated.”
At the time of the crash, police say, in addition to alcohol in her bloodstream, Emily had marijuana in her system and may have been texting when her car left the roadway, hit a mailbox and flipped. She was not wearing a seatbelt and was partially ejected from the vehicle.
In separate court proceedings, the festival is still facing charges under Ontario’s Liquor Licence Act. Charges were withdrawn against Rennie Rota and members of the festival board. That case goes to trial in November.