Double Fatal Accident Led To Fine And Suspension For Windham Bar

WINDHAM, NH - A Windham restaurant and bar is facing a $2,500 fine and a suspended liquor license for 10 days in connection with a double fatal vehicle crash on the F.E. Everett Turnpike in April.

According to the minutes from the Liquor Commission meeting held on November 10th the employees were accused of over-serving alcohol to Vincent Forgione, 24, who collided with driver Elizabeth “Lizzy” Croke, 20, on April 15th. Both died in the crash.

In a hearing, the New Hampshire Liquor Commission also said four employees at the Old School Bar & Grill in Windham also were ordered to enroll in and complete training programs in connection with the crash in Merrimack.

James Normand, an attorney representing Croke’s estate, said Forgione had a blood-alcohol content of .224, nearly three times the legal limit of .08

On April 15th, Elizabeth Croke, age 20, was returning home from work when an apparent drunk driver pulled a U-turn on the FE Everett Turnpike and started driving in the wrong direction of the highway, crashing head-on into Elizabeth’s vehicle causing the death of both drivers.

When responders arrived the Audio Q5 Croke was driving was on fire, and crews worked to extinguish the intense fire but could not save her.

Prior to the accident, New Hampshire State Police received several reports of Forgione's vehicle operating erratically. The vehicle was unable to be located by police prior to the crash.

Documents submitted to the Liquor Commission and also provided by Attorney Normand state "Subsequent evaluation noted that the drunk driver, Vincent Forgione, of Windham, NH had a BAC of .224, almost three times the legal limit. He had been drinking at the Old School Bar and Grill in Windham, NH just prior to this accident. “

The Estate of Elizabeth A Croke filed suit in the Rockingham County Superior Court alleging, that Old School Bar and Grill overserved Vincent Forgione, contributed substantially to Forgione driving impaired, and substantially contributed to the death of Elizabeth Croke.

The lawsuit also points out that Old School Bar and Grill was charged with an Aggravated Violation by the NH Liquor Commission, Division of Enforcement in case number 21-233-OF. Old School did not contest the aggravated charge filed against them alleging that they “served alcoholic beverages to a person who was visibly intoxicated or who a reasonable and prudent person would know is intoxicated.”

They were issued the maximum penalty allowed by regulations, a 10-day loss of liquor license, and a $2500 fine. One of the owners as well as three employees are also required to take additional training with the NH Liquor Commission.

David Croke, father and executor of Elizabeth’s estate states that “Lizzy would have turned 21 on December 14, 2021. This Christmas is the first Christmas holiday that her family will spend without her. I think that it is terrible that the drinking establishment has had so little a penalty. The law needs to be changed.” Elizabeth was a Sophomore at UMASS Amherst at the time of the crash.

Elizabeth was the youngest child and only daughter in the family of four children. She resided in Merrimack and previously attended Bishop Guertin High School in Nashua. The Bishop Guertin Facebook page noted around the time of Elizabeth’s death that “Lizzy was a ray of sunshine and touched all our lives.” They also noted many of Elizabeth’s substantial accomplishments.