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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: 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: 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: 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: 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: 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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To: XXXXX88XXXXX

This article is slightly misleading because there are state laws which do NOT allow such liability. I suspect this reporter is friends with a lawyer/law firm which is seeking a new cash cow.

If this type of conduct is upheld then all the DUI laws should be dumped because the driver was not responsible, they were drunk.


59 posted on 12/12/2004 2:20:09 PM PST by longtermmemmory (VOTE!)
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To: XXXXX88XXXXX
Personally knowing, and growing up around this establishment, please do not make the wrong assumptions. Both of the places are first family restaurants that do have a small area that is devoted to a bar.

These are not the "Drinking establishments" in the area. The main goal is good food and bring your children. When I was there they usually closed around 11 on week nights and 12 on weekends.

The owners, the original died young of cancer and an English teacher at the junior high, can not afford this. And any other bar most likely can not. This is a shame. Luckily I wold of walked home from there, but for many .215 is not the problem. An in-shape firefighter could fake it quite well.

IMO the problem is drinking all day this guy was tired and the combination is deadly. As long as he was stimulated by the surroundings he was fine appearance wise. Get the "visually fine" person behind the wheel in a nice comfortable car that needs sleep that is a mistake....

Just t my thoughts that will be flamed....
65 posted on 12/12/2004 5:06:05 PM PST by Quick Shot
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To: XXXXX88XXXXX
When stationed in Hawaii in the early 1980’s the State passed a law making bar owners responsible for the actions of intoxicated patrons after they leave. It was touted as a cure for drunk driving.
There was one problem. The drunk seldom identified the place they got drunk – that was a “nice” bartender. Usually the establishment that refused service was identified as the offending bar – they were the “bad” guys. The only way to identify the offending bar was to send teams of investigators all over the island with a picture of the drunk, and hope someone would admit to serving him.
The law was repealed.
66 posted on 12/12/2004 5:14:52 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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