Oshawa, Canada: “A lawsuit launched by a woman who drunkenly jumped from a moving car during an argument with her partner could make drivers liable for intoxicated passengers who cause themselves harm.” [DurhamRegion.com, Toronto Star, Globe and Mail]
Posts Tagged ‘alcohol’
N.J.: Drunk drivers can sue bars that served them
In 1997 the New Jersey legislature enacted a law stating that a convicted drunk driver “shall have no cause of action for his or her injuries,” but a state appeals court decided that was no reason not to allow such a driver to sue the drinking establishment that allegedly should have cut him off earlier. An earlier appeals case had allowed such suits against “social hosts” such as party-givers. [AnnMarie McDonald/NJLRA, Henry Gottlieb/NJLJ]
April 22 roundup
- Liquor commissioner of New Hampshire nabbed on DWI rap, refuses breathalyzer test [WMUR]
- Slumber party liability waivers are something we’ve reported on before. But home trampoline disclaimers? [Free-Range Kids]
- Website’s terms and conditions include giving up your immortal soul [Popehat]
- Scottish jury says charges “not proven” against lawyers in case of monetary demand for return of stolen Leonardo da Vinci painting [Guardian, earlier]
- If you’re going to shake down food makers with false claims of contaminants in their wares, it’s best to vary your story patterns [Tacoma News-Tribune, Seattle Times]
- “My task is simple: spew foundationless tripe that turns itself into a pre-trial settlement demand.” [The Namby Pamby, a lawyer blog I really should have linked before now] More: Daniel Fisher, Forbes.
- Why plaintiffs lawyers aren’t so thrilled about recent Toyota revelations: most are invested in blaming electronics, not stuck pedals or mats [WSJ Law Blog]
- Duck hunters sue guide over disappointing trip [Fred Hartman, Fort Bend, Texas, Herald]
Regulation vs. artisanal mixed drinks
San Francisco warns against infused bitters, the New York City health department cracks down on raw egg whites, and Virginia’s ABC state commission keeps many exotic spirits out of reach (Reason.tv via Reason “Hit and Run”).
“Washington: Legislature May Allow Cops To Seize Cars At Will”
“Police in Washington state will have the power to take any car for at least twelve hours under legislation passed unanimously by the state House earlier this month and considered by a Senate committee yesterday.” The bill would provide for minimum 12 hour impoundment of any vehicle in a DUI arrest, whether or not the charges are dropped or the vehicle is owned by an innocent third party. “The Towing and Recovery Association of Washington is one of the main lobbying organizations pushing for the adoption of the law.” [TheNewspaper.com]
Government-created risk
“How the U.S. government poisoned alcohol during Prohibition, with deadly consequences.” [Blum/Slate] A little while back I did an article for Reason on the surprisingly frequent role government has played in promoting and furthering products that pose a risk to life and limb.
P.S. It’s still going on, though with a lower toll: ethanol sold for nondrinking use is “denatured” and made poisonous by law (h/t James Fulford in comments, Alex Tabarrok)
Stripper: getting tipsy was part of my job (update)
Patsy Hamaker, who in 2007 had an alcohol-related one-car wreck on the way home from The Furnace (NSFW link, unless you work some place that approves of stripclub websites) and sued her employer over the accident, claiming that the club encouraged her to drink, won $100,000 from a Jefferson County, Alabama, jury, somewhat less than the $1.2 million she sought.
Hamaker, whose stage name was Tessa, went to work at The Furnace on Oct. 17, 2007. She drank enough that night for her blood-alcohol content level to rise to nearly three times the legal limit, was pulled by security from one of the VIP rooms, and then left after at least three attempts to stop her, according to testimony during the trial. Her car wrecked on the interstate, and she suffered a broken nose and back.
…
The club’s records show a customer bought Hamaker one “dancer drink,” a commission drink or bottle ranging in price from $12 to $2,500. The club did not have a record of other drinks she may have [ordered on her own].
…
Attorneys for the Furnace pointed out that dancers can specify their preference for non-alcoholic or diluted dancer drinks. And the club’s general manager, Jennifer Etheridge, testified that she does not want dancers getting intoxicated. Asked why, Etheridge said: “You try working with 30 drunk people.”
(Erin Stock, “Former stripper gets $100,000 in lawsuit: Blamed club for drunken wreck”, Birmingham News, Feb. 2) (h/t P.E.).
Four years for sleeping drunk in parked car
The car hadn’t been operated and it wasn’t clear that it was even operable, but Minnesota, like so many states, has a strictly worded DUI law. “Intending to sleep off a night of drinking [is] treated as the same crime as attempting to drive home under [the state’s] legal theory which does not take motive into account.” [The Newspaper; Minnesota v. Fleck, PDF; Alkon]
“Mother sues party mates of dead teen”
A late-night binge drinking outing by some high school friends in Norfolk, Mass. ends badly. The mother says her late daughter “is absolutely 100 percent responsible” for what happened to her but is still is suing seven (7) teenagers and adults for their roles. [Boston Globe]
December 7 roundup
- Woman jailed for “camcordering” after recording four minutes of sister’s birthday party in movie theater [BoingBoing]
- Senate hearing airs trial lawyer gripes against Iqbal [Jackson and earlier, PoL, Wajert, Beck & Herrmann (scroll)] Franken and other Senators sidestep substance, browbeat witness re: “study” terminology [Alison Frankel, AmLaw]
- Still time to cancel? “2009 is also the first year of global governance” — new EU president [Small Dead Animals]
- Miller-Jenkins battle: judge orders custody switch to law-abiding spouse [Box Turtle Bulletin, background]
- Speedy by government standards? 17 years ago DoT proposed Southeast high-speed rail on existing rights of way, ruling on environmental impact statement is expected next year [McArdle]
- “New York’s New DWI Bill: Compounding Stupidity” [Greenfield; felony to drive intoxicated with passenger 15 or younger]
- “Apple Told To Pay Patent Troll OPTi $21.7 Million” [Business Insider]
- This year’s ABA Blawg 100 listing left out some legal blogs that aren’t half bad [Turkewitz]