“Charlie Davies sues nightclub, Red Bull”

by Walter Olson on October 21, 2011

“D.C. United’s Charlie Davies is suing the owners of a Washington nightclub and the drink company Red Bull for $20 million, claiming they are responsible for a fatal car crash that ended the MLS player’s hopes of joining the 2010 U.S. World Cup team. Davies, now 25, was a passenger in the car driven by a woman who has since pleaded guilty to involuntary manslaughter and drunken driving in the 2009 one-car crash that killed a second passenger.” Perhaps his theory will be that the nightclub had an obligation to assess how drunk the woman was, but he didn’t. [AP/ESPN]

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Advice Goddess Blog
10.25.11 at 9:47 am

{ 4 comments }

1 Richard Nieporent 10.21.11 at 12:26 pm

The lawsuit said that despite Espinoza being obviously drunk, the club continued serving her alcohol. It claims the club and company “carelessly and negligently” served drinks to drunken guests.

She was “obviously drunk” yet Davies not only didn’t try and stop her from driving, he let her drive himself and Roberta from the club. What does that say about his lack of responsibility and common sense? You have to be a complete idiot to allow a drunk to drive you.

2 VMS 10.21.11 at 12:30 pm

Such a lawsuit would seem to be OK if the plaintiff were someone other than a person in the vehicle being driven by the drunk driver. In this case, did the passengers “assume the risk” by getting into a vehicle driven by someone that they now allege was obviously drunk?

3 ps 10.21.11 at 10:52 pm

oh sure, blame the passengers. What is it about americans that they always need to blame somebody for everything. Clearly it was all the fault of the bartender. Wait…uh…forget it.

4 asdfasdf 10.22.11 at 7:53 am

Passenger might concede partial liability so that dram shop still liable for remainder or, in joint-and-several-liability jurisdiction, the entire amount.

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