Wine fest suit continues in wake of recent ruling

A teenage girl who died in a car crash after drinking at the 2014 Shores of Erie Wine Festival was responsible for her own death, says a court document filed by defendants her family is suing.

“Emily Bernauer is the master of her own misfortune,” says the Amherstburg Sobeys and its owner, Renato (Rennie) Rota, in a statement of defence filed in Superior Court.

Rota and his store have been named in a $3.6-million lawsuit filed by the Bernauer family. The family initially launched their lawsuit in 2016, but recently amended it. Sobeys and Rota filed a statement of defence last month.

Also named in the lawsuit is the festival and one of its directors, Rota’s wife, Anne.

Neither the festival nor Anne Rota have yet to file a statement of defence with the court.

None of the allegations made by the Bernauer family or the defendants have been tested in court.

This week, Justice of the Peace Mike Hurst found the festival guilty under the Ontario Liquor Licence Act of supplying alcohol to Bernauer, who was two weeks shy of her 19th birthday.

Bernauer was at the festival working a food booth operated by the Amherstburg Sobeys on Sept. 6, 2014.

Bernauer crashed her car on Concession 2 after leaving the festival.

She was not wearing a seatbelt and was partially ejected from the vehicle.

An autopsy showed her blood-alcohol reading was 143 milligrams of alcohol in 100 millilitres of blood.

The legal limit is 80 mg of alcohol.

“If Emily Bernauer became impaired, it was entirely as a consequence of her own illegal and wilful actions,” the statement of defence claims.

It goes on to allege that the teen was also impaired by drugs and fatigue, and that she was using her cellphone while driving.

“The single-car accident did not result from any actions and/or inactions taken or alleged to have been taken by these defendants,” the statement of defence says.

Bernauer’s parents, Christian and Kimberly, are seeking damages of $2.55 million. Her brother, Christian E. Bernauer, is seeking $700,00 and sister, Priscilla, is claiming $200,000. Maternal grandparents Lenard and Olga Beaudoin are seeking $150,000.

The family’s lawsuit claims Bernauer was allowed to drink at the festival even though those serving her knew or ought to have known she was not of legal drinking age.

The suit also alleges no one stopped the teen from driving away from the festival premises despite her being “obviously intoxicated.”

The lawsuit says Rota supplied the teen with a wristband indicating she was of age to drink.

The alcohol the teen consumed had been supplied by Rota’s wife, it says.

Rota, in his statement of defence, has filed a crossclaim against his wife and the festival.

No trial date has been set in the civil suit.