johnnymk

This is #$+%%%$## incredible !! When will the ridiculousness end?

http://www.1010wins.com/pages/1861934.php?

NEWARK, N.J. (AP) -- Bartenders can be responsible for drunken drivers who visited their establishment, but did not have any alcohol there, a state appellate court ruled Thursday, in a decision that lawyers said expands the duties of tavern operators.

In a unanimous decision, the three-judge panel found that the estate of a man killed when his drunk friend drove off the Garden State Parkway can sue the Cape May bar they visited before the accident.

The driver, Frederick Nesbitt III, was 19 at the time and wasn't served alcohol at the bar, but had been drinking beforehand with the friend, James A. Hamby, 21.

Both were rowdy before leaving the C View Inn the evening of Sept. 3, 2003, their friends testified, although not all agreed that both were drunk.

At the time, Hamby's license was suspended for a drunken driving conviction. He bought a 12-pack or 18-pack of beer, as well as a pint of rum, and the pair began drinking in Nesbitt's car, and later with friends, before getting to the C View Inn for their regular Wednesday ``Wing Night'' gathering.

A server recalled bringing the five-person group three or four pitchers of light beer, but said she knew Nesbitt from high school and that he was underage, so only brought him soda.

Nesbitt, however, testified at his deposition that Hamby twice spiked Cokes ordered by Nesbitt by placing the glass beneath the table.

After the crash, Nesbitt's blood alcohol level was found to be .199, about twice the legal limit.

The court also determined that ``if employees of the Inn recognized or should have recognized Hamby's intoxication as the result of the visible manifestations of his condition that we have described, the Inn had a duty to protect him from foreseeable injury as the result of an automobile accident by insuring that he did not drive and that he did not ride as a passenger with a patron who was similarly impaired.''

The ruling reverses a trial judge who dismissed the lawsuit and sends the case back for trial. The appellate panel said a jury should determine whether the C View Inn has any liability in Hamby's death.

Nesbitt was also sued and settled through his insurance carrier for about $50,000, said the lawyer for Hamby's estate, R.C. Westmoreland. Nesbitt pleaded guilty to vehicular homicide and began serving a five-year prison term in 2004.

Westmoreland applauded the ruling, calling it a ``great breakthrough.''

``A bar that is expert in spotting intoxication, and has patrons that are drunk as skunks, it just can't let them get on the road and kill someone,'' he said. ``They now have an obligation, when they see obvious intoxication, to do something.''

The lawyer for the C View Inn, Terence M. King, disagreed with the ruling, but also viewed it as an expansion of the state's so-called Dram Shop Act. He said no decision has been made on whether to appeal the decision to the state Supreme Court

gwilks98

damn.....I guess the thought of "assumed risk" has completely been thrown out the window.

No one is accountable for their own stupidity anymore.

__________________
"I know the pieces fit, cause I watched them fall away."

"Cold silence has
A tendancy to
Atrophy any
Sense of compassion."

MJK

mojo

i wonder who the judges can sue for allowing them to arbitrate in that manner. after seeing their rulings in the past, someone should have stopped them from passing judgement now.

__________________
say "hi" to lumbergh for me

beachgirl

Ridiculous. the bartender didn't even serve the alcohol to the underage kid. I hope it gets overturned. This is too much. i could see if someone was falling down drunk and was they continued to be served.= (maybe).

Hoser

What next? Are we going to have to sign a waiver to enter a bar? Or how about administering sobriety tests first. If there's a trace of alcohol, you're denied entrance. I suppose you could test every patron leaving the bar, but then who pays for the taxi? Maybe we could leave a $50 deposit before entering for the possible ride. If you can pass the test while leaving the bar, you get it back, otherwise it's for the ride home. Maybe we should just post police at the entrances and exits (at the bar's expense) and make them determine who's good to come in or leave. Why not have cameras everywhere recording your every action so that the bar has evidence to protect the ASSets. I think this will cause places to close or stop serving alcohol because there will be too many hassles.

I suppose it's tragic that someone died, but they were both of an age where they knew better. If you drink and die, too bad. Darwin has an award for you, and hopefully you didn't spread your genes around. What usually happens is that you take others with you who didn't have choice in the matter. If people don't want to take responsibility for their own actions, then they shouldn't be allowed to take part in society.