Beer Goggles bar

Beer Google's bar at 79 Main Street in downtown Cortland.

(Stephen D. Cannerelli | scannerelli@syracuse.com)

Syracuse, NY -- Brian Cook was changing the tire on his friend's car shortly before 3 a.m. on July 6, 2012, when he was struck and killed by a drunk driver.

And now, the deceased 26-year-old's parents are suing the downtown Cortland bar that the drunk driver patronized on the night of the incident.

Leonard S. Cook and Laura C. DeHart, parents of Brian "Cookie" Cook, have filed a complaint in state Supreme Court against the "Beer Goggles Good Times Bar" in Cortland, as well as the bar's owners, a liquor manufacturer, a liquor distributor, the drunk driver and others.

The parents are seeking an undisclosed amount of money in damages.

Cook and his friend, Joshua Groth, had also been at Beer Goggles the night of July 5 and into the morning of July 6, 2012, according to the lawsuit.

The bar was hosting a promotional party for "Sweet Revenge Liqueur" that night, according to the lawsuit. Promotional vendors, known as "shot girls," were handing out free sample shots of "Sweet Revenge," which is a blend of sour mash whiskey flavored with fruit syrups.

The lawsuit alleges that the bartenders and/or "shot girls" at Beer Goggles were unlawfully giving drinks to patrons who were obviously already intoxicated.

As Groth and Cook headed home, Groth's left rear tire went flat. He pulled over on state Route 13 in Truxton.

Cook exited the pickup truck and began changing the tire. Another pickup truck pulled over and offered its headlights for help.

Then, a third vehicle driven by 21-year-old Derek Manwarren rammed into both trucks, and Cook.

Cook died on the scene.

In New York, a bar may be held liable for damages caused to third parties who were injured by the patrons of the bar who were served alcohol.

After Cook's parents filed their complaint, the Beer Goggle's owners filed a response, denying any responsibility for the incident. Cook's family has included all parties involved in the accident in the lawsuit. Groth, as well as the driver and passenger of the truck that stopped to help change the tire are cited for failing to completely pull off of the roadway when they stopped. Also named in the lawsuit is Philadelphia-based "Sweet Revenge" manufacturer Charles Jacquin et Cie, Inc., as well as the liqueur's Florida-based marketer, Maurice Cooper, et Cie, LLC.

The drunk driver, Derek Manwarren, is also named in the lawsuit. He pleaded guilty to second-degree manslaughter in court last month and was sentenced to 1 to 3 years in prison.