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12-14-2009 100
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Posted on February 1, 2008 12:56 AM

Student files civil lawsuit

A Penn State student hit by a drunk driver in 2006 is asking for $200,000.

A student hit by a vehicle driven by an alleged drunken driver in December 2006 has filed a civil suit requesting $200,000 in total damages from the woman who hit him, the bar that served her and the owner of her vehicle.

Police charged Katharine A. Applegate, 24, in a crash that left then-freshman Michael Drauch unconscious on the roadway, bleeding from the head.

According to court documents, Applegate left the scene of the accident, and later, police registered her blood-alcohol content at .208, which was taken during her arrest at 3 a.m. Dec. 2, 2006.

Drauch registered a blood-alcohol content of .24, after he was transported to Mount Nittany Medical Center in critical condition and later flown to Geisinger Medical Center in Danville. His current condition is unknown.

According to court documents, Drauch's injuries included severe pain in his left leg, hip, knee and arm, referring to "spasticity" and "shock to his nerves and nervous system."

His civil complaint also cites injuries to his head including cognitive deficits, speech impairment, blurred vision and "psychological injuries."

Drauch is requesting $50,000 each from Zola New World Bistro, 324 W. College Ave., and its parent company, Kenash Inc., for allegedly "over-serving" Applegate the night of the incident.

The suit stems from information from preliminary hearing testimony, when it was discovered that Applegate spent about four hours drinking at the restaurant.

He is also requesting $50,000 each from Applegate and Patricia Patten, who told police she gave Applegate her keys after leaving Zola New World Bistro that night.

In the suit, Drauch's attorney, Gary Ogg, writes that Patten caused harm to Drauch by allowing Applegate to drive her vehicle.



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