Posted on 08/22/2005 12:29:51 PM PDT by SmithL
Selling gas to a drunk could make store owners legally responsible for injuries suffered if the intoxicated motorist causes a crash, the state Supreme Court has ruled.
The groundbreaking ruling comes in a Knoxville lawsuit that sought to extend the state's negligence laws, long applied to those who hawk alcohol to drunks, to those who provide them gas.
In the case, Gary L. West and Michell B. Richardson suffered severe injuries in July 2000 when their vehicle was struck head-on by drunk driver Brian Lee Tarver, 49, in a crash on Rutledge Pike.
Tarver later pleaded guilty to charges including vehicular assault and second-offense driving under the influence.
Attorneys Gregory F. Coleman and Michael A. Myers later filed a lawsuit in Knox County Circuit Court, alleging that Tarver's car never would have made it to its tragic collision with West and Richardson but for the $3 worth of gas he bought at an Exxon station on Rutledge Pike just before the crash.
More importantly, the attorneys alleged, employees at the Exxon, owned by East Tennessee Pioneer Oil Co., knew Tarver was drunk - so drunk that a cashier refused to sell him beer.
The question for the state's high court was whether Pioneer could be held liable for the crash. Could or should its employees have foreseen the risk of a crash and, if so, was there something they could have done to try to prevent it?
While the high court made clear that the store's employees were not required to take affirmative action to stop Tarver from driving, they still could have refused to sell him gas, the court ruled.
"A safer alternative was readily available and easily feasible - simply refusing to sell gasoline to an obviously intoxicated driver," the court ruled in an opinion delivered by Justice William M. Barker.
According to court records, the cashier was facing a long line of customers when Tarver "pushed his way to the front of the line and asked the clerk if she would 'go get (him) some beer.' "
He reeked of alcohol and staggered when he walked, court records stated. Believing Tarver was drunk, the cashier declined to sell him beer, according to court records.
"Tarver began cursing loudly, talking to (the cashier) in a threatening manner," Barker wrote in the opinion.
"Tarver then managed to pull three crumpled one dollar bills out of his pocket and laid them on the counter," Barker wrote. "He told (the clerk), 'We need gas' and then turned to leave."
Once at the gas pumps, Tarver was too drunk to figure out how to turn the device on, the opinion stated. Two off-duty employees then helped him turn on the pump, according to the opinion. They later watched as Tarver got behind the wheel and drove into the oncoming lane of traffic on Rutledge Pike, the opinion stated.
A University of Tennessee professor later determined that Tarver's vehicle would have run out of gas before encountering West and Richardson if he had not been able to buy more fuel.
Knox County Circuit Court Judge Harold Wimberly had dismissed the lawsuit by West and Richardson, ruling that state law did not allow a claim of negligence against Pioneer for injuries Tarver caused.
The case heads back to his court for trial, where a jury must decide if blame should be placed on Pioneer and its employees. The state Supreme Court ruling only allows the case to proceed. The justices did not rule on whether Pioneer was negligent.
"We're pleased," Coleman said. "Now we can go forward with the trial itself."
Actually, I saw a drunk guy at a service station once and took his keys. There is no way I would sit idly by and watch a clearly drunk person drive away if I had the power to easily stop him.
This sort of reminds me of what happened in the movie Spiderman when he let the theif go. He paid later, but it could have been someone else just as easily.
SHWEEEEEEEEET
sarcasim
I guess car manufacturers should be liable for selling products they know will be used by drunks??
-- No matter what happens, it's the other guys fault.
-- Court's adjourned!!
Well... there goes Pay at the Pump... see ya inside waiting at the counter folks.
Doesn't matter. It's still a stupid ruling. In these days with high gas prices & hurrying to get where we're going we don't need another hitch in the gas-getting process.
Probably not. However, if you discover a drunk man trying to get into his car but having no luck with the keys, you might well be liable if you help him get in and turn on the engine.
Bingo! A big thumbs-up for personal responsiblity, and a great big raspberry for holding everone else responsible.
Yes, exactly. But it should have been thrown out completely.
Had they refused to give him gas, I am sure he could have come up with some kind of suit against them.
Besides, I am a firm beliver in personal responsibility. This idea of blaming some one else is B.S.
The guy must not have insurance to go after so they find the deepest pockets they can.
I feel for the victims, but let's put the responsibility where it should.
WTF? Are we to assume that all drunks drift into the gas stations on fumes, and if they're denied gasoline they have to stay put? Refusing to sell a drunk gas will accomplish nothing.
Sure it does. Gas stations should have breathalizers at the pump. I was saying that as a joke, but when I have to blow in one to pump my gas next year it won't be funny.
I know you're being sarcastic, but that's not how it works. You would still be on the hook for the DUI and for any injuries you caused, even if someone else is also liable.
It's just an extension of "it's the gun's fault."
No responsibilities no rights -- the liberals end game.
Drunk driver - no deep pockets. Gas station - deep pockets.
This ranks right up there with the SCOTUS Eminent Domain ruling.
Well, hell, if they would have sold him the beer, he may have become so drunk he would have passed out...how far do we want to take bystander liability, here?
"Are we to assume that all drunks drift into the gas stations on fumes"
Yeah. I'd like to know how much gas he REALLY had in that car before he 'filled' up with 3 DOLLARS!
My car will run on fumes for miles! So I don't think the 3 buc ks made one bit of difference.
Now THERE'S a good idea!
I think I will invent a gas pump with a built in self cleaning breathalyser. We already need one with smelling salts in it for when we see the price.
I guess they'll next install breathalyser gadgets that you need to blow into before the pump will operate.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.