The jury that heard a civil suit against Lakeview Castle in June was called back to court Thursday as part of an attempt to get a retrial.
The family of Kevin Fryke claims staff members at Lakeview Castle continued serving Fryke in November 2008 after he was clearly intoxicated. Fryke, 39, of Duluth left the restaurant and collided with another car at the intersection of McQuade and Paul roads. Fryke's vehicle caught fire, and he was killed. The driver of the other car, Lisa Fitzsimmons, 20, of Duluth survived by crawling from the burning wreckage, according to court documents.
A jury ruled in June that the restaurant was not liable for Fryke's death.
Jim Balmer, the lawyer representing Fryke's family, is trying to get a new civil trial. Jurors in the case reconvened Thursday for rare Schwartz hearings, during which lawyers tried to determine if there were any irregularities concerning the selection of the jurors.
Balmer said this is the first Schwartz hearing he's been involved in during 37 years of legal practice.
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Judge Eric Hylden is now considering whether to grant a new trial.
Lakeview Castle, long a fixture at 5135 North Shore Drive, closed Jan. 1 because of growing expenses, a spokesperson said at the time. It reopened this summer as the Red Swan Catering Event Center.
