Family of slain girl sues bar

MILAN TWP. — Last spring, a 15-year-old girl was killed by a drunk driver on Mason Road and now her family, including her step-mother who was seriously injured in the crash, are seeking justice. On May 21, 2021, Alli Jo Kurdinat, 15, of Norwalk, was being driven to her summer job at Vargo's by her stepmother, Veronica Stanley. While driving westbound on Mason Road, a passing pickup truck veered left of center and hit them head-on. Kurdinat, who was trapped in Stanley's vehicle, and the driver of the truck, Nicholas Barylski, 49, were both pronounced dead at the scene. Stanley was flown to a Cleveland hospital to treat serious injuries. The driver of the truck, Barylski, was found to have a blood alcohol content of .204, twice over the legal limit. On Monday, Kurdinat's mother entered a joint lawsuit against the bar and bartender who are accused of serving Barylski excessive amounts of alcohol just before the fatal crash. The suit, filed in Erie County Court of Common Pleas, lists Stanley and Ali Jo's father as co-plaintiffs. Knuckleheads Saloon on Cleveland Road in Huron and the bartender that served Barylski are listed as defendants. The suit claims the crash is a direct result of the defendants' "reckless, intentional and negligent misconduct," and is seeking an amount in excess of $25,000 in damages for the family. The family's lawyer, Kyle Wright, said it's not uncommon for families of fatal OVI victims to file litigation for their loved ones after a deadly crash like this one. "People want answers when a family member's life is needlessly and prematurely taken by a drunk driver," Wright said. "I help families get answers and seek justice." Those answers were partially found in a "trace back" investigation by the Ohio Department of Public Safety that looked into Barylski's activities leading up to the crash. The report, released last week, details surveillance video taken in Knuckleheads bar that shows the server serving Barylski the equivalent of 13 drinks in a 91-minute time period. When the bartender was questioned by public safety officials, she told them she had served Barylski only "two beers and two shots", the report states. The video shows Barylski being served three beers and five shots of liquor, though the report notes the shots were all double shots. The report also indicates that while Barylski does not appear drunk on the video the amount of alcohol he was served in such a short time period would likely have made him highly intoxicated and impaired. "Even absent some outward display, severe intoxication is the proximate result of serving that many alcoholic beverages to a person within that period of time," the report states. Knuckleheads Saloon was served a violation from the Ohio Department of Public Safety as a result of their investigation for serving beer or intoxicating liquor to an intoxicated person. It's not clear what, if any, sanction was placed on the bar for that violation. The Ohio Department of Public Safety referred the report to the Erie County Prosecutor's office to decide whether the bartender would be charged with a criminal offense for her involvement. The bartender allegedly told investigators from public safety that she was familiar with Barylski because she said he would often come to the bar after golfing. She also allegedly said she overheard Barylski tell his wife over the phone he would meet her at a restaurant. She said she didn't notice any signs of intoxication from Barylski, the report states. Wright said bars need to uphold liquor laws for the safety of their patrons and the community. "Bars must implement simple steps to prevent the flagrant over serving of patrons," Wright said. "It is common sense that serving an individual 13 drinks in 91 minutes is dangerous to that individual and others, especially if that individual gets behind the wheel of a car. If a bar chooses not to implement basic safety measures with staff, and an innocent person is seriously injured or killed as a result, a bar may be held solely responsible." Wright said he hopes this suit will bring awareness to the issue and ensure bars and alcohol serving establishments are held accountable. "By seeking full justice for Alli and Veronica, and holding all parties accountable, we hope that Ohio liquor establishments will take notice," Wright said. "Liquor establishments must implement simple steps to prevent the flagrant over serving of patrons to save innocent people from being seriously injured and killed." A court docket did not list any attorneys representing the defendants who could speak on their behalf.