The widow of a Herminie man has filed a wrongful death lawsuit against a North Huntingdon volunteer fire station, claiming staff served her husband excessive alcohol, which resulted in his fatal fall.
Brandon M. Schmeltz, 44, died on Feb. 12, about two weeks after a fall down a staircase in his home. The lawsuit alleges that the fall occurred shortly after he was drinking at the Fairmont-Hahntown Volunteer Fire Department social club.
A call to the fire station seeking comment about the allegations went unanswered this week.
The lawsuit claims that Schmeltz was in the club for over three hours on Jan. 28, consuming enough alcohol to become visibly intoxicated. It argues that club workers violated the law by continuing to serve him.
“As a direct and foreseeable result of this unlawful over-service… Mr. Schmeltz — who was severely impaired and unable to safely ambulate — lost his balance and fell backwards down a staircase, sustaining catastrophic head injuries,” the complaint states.
The fall occurred at approximately 5:12 p.m., within minutes of him arriving home. Schmeltz’s wife found him unconscious at the bottom of the stairs about 18 minutes later.
Court documents state that when Schmeltz arrived at a Pittsburgh hospital, his blood alcohol content was 0.245%. This is more than three times the legal limit at which Pennsylvania motorists are considered intoxicated.
The two-count lawsuit is seeking unspecified damages from the fire station.
