dme court

A Butler man’s daughter has sued a restaurant and lounge. She claims her father was served alcoholic beverages while he was visibly intoxicated about a half hour before he was struck by two cars while walking home last year. He later died.

The administrator of the estate of Patrick Bender Jr., 46, filed the suit Jan. 7 against the Monroe Restaurant and Lounge claiming two counts of negligence — one for wrongful death and one in a survival action. The suit in Butler County Common Pleas Court seeks unspecified damages.

Brittney Lynn Bender, one of Patrick Bender’s four daughters, claims he was drinking Feb. 10, 2024, at the Monroe on East Jefferson Street, and left to walk to his home on Portman Road about a mile away.

While crossing Kittanning Street, he was struck by a westbound car driven by Maria J. Rock, 33, of Butler, according to the suit, and a Butler Township police report that said the incident happened shortly after 8 p.m.

Bender survived that impact, called out for help and was then struck by an eastbound car driven by Natalie R. Fitzpatrick, 19, of East Butler, according to the suit and police report. Police did not charge the women.

An ambulance responded and found Bender unconscious and unresponsive with open wounds on his head, face, hands and lower extremities. He went into cardiac arrest at the scene and was taken to Butler Memorial Hospital. He died while being moved into a helicopter, which was going to transport him to another hospital, according to the suit.

Police said Bender was dressed in dark clothing at the time, and that Fitzpatrick was not able to avoid hitting him.

Bender’s blood alcohol content was higher than the limit for legally operating a vehicle in the state, according to the suit.

He was served his last drink less than a half hour before he was struck, and was visibly intoxicated while being served, according to the suit.

Owners of the Monroe said the matter has been turned over to the restaurant’s insurance company.