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Bars face new test for suits involving drunken drivers
The Jackson [MI] Citizen Patriot ^ | Sunday, December 12, 2004 | Steven Hepker

Posted on 12/12/2004 7:33:21 AM PST by XXXXX88XXXXX

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I'm betting that the Appeals Court ruling holds up on this one. Time for tavern owners to upgrade their insurance.
1 posted on 12/12/2004 7:33:21 AM PST by XXXXX88XXXXX
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To: XXXXX88XXXXX

Curtis Breton finished his firefighting job at 7:30 a.m. on April 20, 2001, and went on an all-day bender, drinking up to a case of beer.

At 10:11 p.m., while speeding 100 mph, he killed himself and two teenage boys in a fiery, head-on crash on U.S. 127. Blood tests indicated Breton was drunk.




All day bender

case of beer

Blood tests indicate he was drunk

Gee, ya think?

Your guess is mine, the ruling will probably hold and the bar owners will be asking for keys after the 2nd beer...


2 posted on 12/12/2004 7:36:41 AM PST by MikefromOhio (29 days until I can leave Iraq for good....)
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To: XXXXX88XXXXX

Every car should have a mandatory breathalizer to start up.


3 posted on 12/12/2004 7:40:43 AM PST by JTanner (G*d Bless!)
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To: XXXXX88XXXXX
Bars face new test for suits involving drunken drivers

First the Liberals sued tobacco companies because smokers didn't want to take responsibility for their actions.

Then the Liberals sued gun makers because criminals didn't want to take responsibility for their actions.

Then the Liberals sued fast food businesses because fat people didn't want to take responsibility for their actions.

And now the Liberals are suing bars because drunk people don't want to take responsibility for their actions.

Next up: Liberals will start suing car manufacturers because reckless drivers don't want to take responsibility for their actions.

It's time we destroyed this Leftist malaise while it can be stopped. God help us if it advances beyond its present level of sheer insanity.

4 posted on 12/12/2004 7:48:01 AM PST by Prime Choice (I like Democrats, too. Let's exchange recipes.)
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To: MikeinIraq

You know, I bet you are right. What are bars (or restaurants that serve alcohol, for that matter) supposed to do if someone comes in sober, and they ultimately cut him off when s/he appears drunk? Are they responsible? Don't get me wrong...drunk drivers...well, let's say I have no polite words for what I think of that. I still believe in personal responsibility, and holding tavern owners responsible in the scenario I brought up makes me pretty mad. Serving someone who comes in drunk, just to make a buck is pretty irresponsible, and probably should be punished in some way, though, imo.


5 posted on 12/12/2004 7:49:45 AM PST by exnavychick (Just my two cents, as usual.)
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To: XXXXX88XXXXX

Go to liquor store, buy drink of prefrence. Immeadiatly drive to your house, give car keys to wife, sit on your front porch or whatever, then drink to your hearts content. This has worked for me. I do it a couple of times a year. Labor Day, Memorial Day, Fourth of July,( If not on duty that day or the next) If you go out to a holiday party, don't drink-saves a lot of trouble. Wait until you get home for the night.


6 posted on 12/12/2004 7:56:26 AM PST by Fire137 (If this is not a war I don't know what one is)
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To: Prime Choice

It's essential that the next SCOTUS put "personal" back into personal responsibility.

Had a local pub here get sued over a guy who only blew .06 after 2 beers and had a wreck. Legal limit=.08. Owners eventually won, but it broke them.


7 posted on 12/12/2004 7:56:26 AM PST by digger48
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To: XXXXX88XXXXX

Nobody forces an individual to drink. If the individual isn't staggering drunk how can a bartender be expected to evaluate the degree of intoxication if the individual had arrived late or not consumed a few drinks in their presence? Does the bartender have to monitor every patron, prior to serving, to establish if they are driving or arrived by cab or bus or afoot? Does a walking drinker get served more drinks than a driving drinker. A bartender just serves alcohol as a job. They are not psychologists or counselors or whatever. Just because a person was placed at a particular location does not establish behavioral evaluation. A busy bartender serves multiple patrons and has no way of knowing how many drinks were consumed (if any) prior to a patrons arrival.

It is unfortunate people were killed however, but what ever happened to personal responsibility? Is it all about getting money to make things better? I do not condone drunk driving. But placing blame on several establishments over a period of many hours goes way to far.


8 posted on 12/12/2004 7:56:41 AM PST by o_zarkman44
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To: XXXXX88XXXXX
"The drunk driver is ultimately responsible,"

how about forming a group called: Mothers FOR Personal Responsibility

The enablers excuses seem to work well for trial lawyers

.

9 posted on 12/12/2004 7:58:00 AM PST by Elle Bee
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To: XXXXX88XXXXX

"...the warm-and-fuzzy period when seniors bask in the smorgasbord of life choices."

Ack! Block that metaphor!


10 posted on 12/12/2004 8:04:52 AM PST by jocon307 (Jihad is world wide. Jihad is serious business. We ignore global jihad at our peril.)
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To: Fire137

Suing the liquor stores is the next step. Shouldn't they be able to recognize habitual alcoholics (e.g., repeat customers)?


11 posted on 12/12/2004 8:06:26 AM PST by rbg81
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To: XXXXX88XXXXX

A man walked into a bar holding an alligator. He asked the bartender, "Do you serve lawyers here?" The bartender said, "Yes, we do!" "Good," replied the man. "Give me a beer, and I'll have a lawyer for my alligator."


12 posted on 12/12/2004 8:10:45 AM PST by the_devils_advocate_666
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To: exnavychick

I used to work in a restaurant/bar. Its often tough to tell when someone is having a good time vs. being drunk. This is especially true when you have a group of people, getting served pitchers of drinks, with lots of laughing and horsing around. This is putting way too much burden on the often overworked, servers. Are they supposed to have masters degrees in psychology, with hidden cameras monitoring the customers? Also, who is going to want to frequent a bar staffed by safety Nazis? No fun of any kind.


13 posted on 12/12/2004 8:11:36 AM PST by rbg81
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To: XXXXX88XXXXX
Interesting subject considering I know a girl who totaled her car on 127 after getting drunk in Lansing Friday night after turning down my offer to do the driving. (I don't drink)

I hope she learned a tough lesson at Christmas. She lost a bran new car, will likely lose her job and her apartment, and will lose a ton of money in the courts.

I think there should be greater incentives for those of us who are designated drivers. We may not be on par with the soldier but we DDs do a great service for a lot of people. We protect the liability of distillers and bars. We protect the liability of the drinkers. We protect the taxpayers by reducing the numbers of drunk driving cases in court. And we protect the innocent people on the roads.
14 posted on 12/12/2004 8:13:13 AM PST by cripplecreek (I come swinging the olive branch of peace.)
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To: rbg81

Exactly, Mr. Ex is a manager for a popular area bar and grill...we actually had a discussion about this very topic the other night. Course, MR. Ex doesn't drink much, and so has no problems stepping up to cut someone off if they are giving the wait staff a hard time. They work too hard to put up with that kind of nonsense. I should know, I used to be a cocktail waitress back in my early 20's. I have unpleasant memories from having to cut people off...thank goodness I had bouncers to back me up. Cutting folks off can be downright scary sometimes when you're dealing with someone who is belligerent and ticked off because they're "just having a good time".


15 posted on 12/12/2004 8:20:26 AM PST by exnavychick (Just my two cents, as usual.)
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To: exnavychick; rbg81

I'm with you guys on this one. Thats why I think bars should offer greater incentives for those of us who are designated drivers.

What did I get for being the designated driver last night? I got to pay almost 2 bucks for every Pepsi I drank and 6 bucks for a burger. Then I got a hassle from the owner for pointing it out.


16 posted on 12/12/2004 8:28:34 AM PST by cripplecreek (I come swinging the olive branch of peace.)
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To: cripplecreek

Hmmm...I'll have to take that one up w/ Mr. Ex...I don't know what his place's policy is, but it sounds like a good idea to have your drinks free. Sorry, but I don't think you should eat for free, though. That would be something you should take up w/ your dinner companions. :)


17 posted on 12/12/2004 8:33:49 AM PST by exnavychick (Just my two cents, as usual.)
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To: exnavychick

"That would be something you should take up w/ your dinner companions. :)"


That's true. Most bars do let me drink freebie Pepsi, and a couple of the bartenders who knew me from my drinking days do give me a break on the food. Think I'll take that up with the drinkers that I drive around next time.


18 posted on 12/12/2004 8:41:21 AM PST by cripplecreek (I come swinging the olive branch of peace.)
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To: cripplecreek

I used to know of a couple of places where the designated drivers ate and drank free. I don't know of too many places that have that practice anymore.

But it was definitely an incentive for DDs. A group of us would take turns at being the DD when we would all get together.


19 posted on 12/12/2004 8:43:32 AM PST by Gabz
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To: XXXXX88XXXXX

And so what types of machines or detection equipment are the trial lawyers or the gov. going to buy for the bars?
It is tragic when an accident like this happens,and about as tragic when innocentpeople are blamed for it and thier livlehood taken away.


20 posted on 12/12/2004 8:47:25 AM PST by Quickgun
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