Parents of Emily Bowman Sue Athens Bar

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The parents of a Woodstock woman gravely injured in a 2013 hit-and-run accident have filed a lawsuit against the bar they say was partly responsible for the accident that changed their daughter’s life.

Kopelman Sitton Law Group, LLC filed the lawsuit in Athens-Clarke County Superior Court on behalf of Dale and Debbie Bowman against Triple Threat, Inc., (dba Barcode), Barcode CEO, CFO, Secretary and Registered Agent Chadwick L. Fallows and bar manager and co-owner Ryan Masters.

The plaintiffs are seeking punitive damages against the defendants, an amount the plaintiffs would like to see determined by a jury trial.

The Bowmans contend William Wilson Heaton, the man who pleaded guilty to critically wounding their daughter, was “noticeably intoxicated” while at Barcode and upon his departure of the establishment, which is at 166 East Clayton Street in Athens.

“Despite the fact that the defendants knew, or should have known, that Heaton was intoxicated and likely to be operating his vehicle upon leaving Barcode’s premises, (the) defendants failed to take steps to protect the public in general, and Emily Bowman in particular, from the danger posed by Heaton,“ according to the lawsuit.

Heaton was behind the wheel of a red Mazda pick-up truck during the early morning hours of Feb. 16, 2013, when the vehicle left the road and hit Bowman from behind as the truck returned to the road.

Bowman, a former Kennesaw State University student, was walking on the grassy shoulder along Oak Street with a friend when she was hit by the vehicle.

That accident resulted in a traumatic brain injury, leaving her paralyzed and needing around-the-clock care and assistance.

The lawsuit notes that the night of Feb. 15 and the early morning hours of Feb. 16 were not the first time Heaton patronized Barcode, and owners, managers and employees of Barcode knew “that Heaton was prone to drink to the point of becoming noticeably intoxicated.”

On one occassion before Feb. 15, 2013, Heaton allegedly became ”noticeably intoxicated and disruptive” at the establishment, resulting in him being assaulted by a Barcode employee.

Despite knowing that Heaton “was likely to drive” after leaving Barcode, the defendants “took no action to limit the amount of alcohol consumed by or served to Heaton and did nothing to deter Heaton from operating a motor vehicle once (the) defendants were aware of Heaton’s inebriated condition,” the Bowmans contend.

The Woodstock residents in the lawsuit also allege Barcode served Heaton about 10 alcoholic drinks Feb. 15-16, 2013, including what employees referred to as a “bomb — a 1.5-ounce shot of liquor dropped in a 12-ounce beer — approximately one hour prior to Heaton leaving Barcode.”

Heaton was subsequently arrested and charged with hit-and-run, driving under the influence, serious injury by vehicle, failure to maintain lane, reckless driving and open container.

An Athens-Clarke County grand jury in June 2013 indicted Heaton on 13 counts, including DUI, open container, reckless driving, serious injury by vehicle, leaving the scene of an accident, failure to report the accident and failure to maintain lane.

He initially pleaded not guilty to the charges, but changed his plea to guilty in December 2014 and was sentenced to 10 years in prison for the accident.

According to the Athens Banner-Herald, he pleaded guilty to seven charges and in exchange, the state chose not to pursue other charges, including 2 additional counts of serious injury by vehicle, reckless driving, failure to report an accident with damage/personal injury, improper lane change and an open container charge.

According to the newspaper, prosecutors believe Heaton may have had more than a dozen alcoholic drinks before getting behind the wheel. Additionally, the Banner-Herald reports Heaton hid at a friend’s apartment after the accident and later called his parents to pick him up from a gas station.

Following the hit-and-run accident, Bowman spent months in the hospital, and was eventually released from Children’s Healthcare of Atlanta at Scottish Rite. Roswell-based Sunshine on a Ranney Day pulled together various community resources to renovate the Bowman’s Woodstock home to accommodate the woman’s needs.

She continues to undergo therapy and treatments as part of her recovery, which is documented regularly on the Bows For Bowman Facebook page.

Image via Shutterstock