A lawsuit in Kanawha Circuit Court alleges these two Charleston-area bars contributed to the death of James Scott Legg on Feb. 3. Legg's father, Kenneth ,who filed the suit, alleges The Cold Spot in Dunbar and McNally's Pub in Cross Lanes should have taken measures to prevent James from driving after he'd become "visibly intoxicated." (Photos by Lawrence Smith)

A lawsuit in Kanawha Circuit Court alleges these two Charleston-area bars contributed to the death of James Scott Legg on Feb. 3. Legg's father, Kenneth ,who filed the suit, alleges The Cold Spot in Dunbar and McNally's Pub in Cross Lanes should have taken measures to prevent James from driving after he'd become "visibly intoxicated." (Photos by Lawrence Smith)

CHARLESTON - A Kanawha County man alleges that two Charleston-area bars not only served alcohol to his underage son earlier this year, but also contributed to his death.

The Cold Spot, in Dunbar, and McNally's Pub, in Cross Lanes, are named as co-defendants in a lawsuit filed by Cross Lanes resident Kenneth Legg. In his suit filed on Aug. 3 in Kanawha Circuit Court, Legg alleges that both bars are responsible for the death of his son, James Scott Legg, who died in a single-vehicle accident a month before his 21st birthday, and just over a mile from his father's home.

According to court records, Scott began the evening of Feb. 2 at The Cold Spot. When he went there is not stated.

However, while there, Legg "purchased seven (7) shots of liquor, one drink which contained approximately four (4) shots of liquor. The drink was nicknamed by The Cold Spot " 'Hasta La Vista M-----f-----,'" the suit alleges.

Also, the suit alleges the Cold Spot's employees served James alcohol "even after he became visibly intoxicated."

Though no times are stated, records show, James left the Cold Spot, and later went to McNally's where he stayed for around an hour. The suit alleges no employee of McNally's checked his identification, "or otherwise confirmed his age."

Also, McNalley's employees, like The Cold Spot, continued to serve Scott alcohol after he became "extremely and visibly intoxicated." Legg's suit alleges that prior to Feb. 4, McNally's was cited by the state Alcohol Beverage Control Administration for serving alcohol to minors.

At times not stated in court records, James left McNalley's, and began traveling down West Washington Street in Cross Lanes with Robert Cottrell. Both were killed when Legg crashed into a tree in the early morning hours of Feb. 3 in the 4400 block of West Washington Street, 1.2 miles from Kenneth's house.

Death records for both show their immediate cause of death as multiple injuries sustained from the crash. For Legg, alcohol intoxication was listed as another significant condition.

At the time of their deaths, Cottrell was 25-years-old, and Legg was 26 days shy of his 21st birthday. According the suit, Scott had a son, Tyler James Legg.

The suit accuses both The Cold Spot and McNally's of permitting Legg "to operate a motor vehicle after he consumed large quantities of alcohol on their respective premises." Both had a duty to prevent him from getting behind the wheel after he became "visibly intoxicated."

As a result of Scott's death, Legg maintains he suffered, among other things, sorrow, mental anguish and the loss of Scott's companionship, comfort and guidance. Scott's death has caused him to incur care, treatment, hospitalization and funeral expenses.

Legg is seeking unspecified damages. He is represented by Christopher D. Pence with the Charleston law firm of Carter Zerbe and Associates.

The case is assigned to Judge Paul M. Zakaib.

Kanawha Circuit Court, Case No. 09-C-1405