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	Comments on: Drunk driver will recover $6.6 million from two Pennsylvania bars	</title>
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	<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 30 Dec 2013 13:15:04 +0000</lastBuildDate>
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		<title>
		By: Most popular posts October-December 2013 - Overlawyered		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-257384</link>

		<dc:creator><![CDATA[Most popular posts October-December 2013 - Overlawyered]]></dc:creator>
		<pubDate>Mon, 30 Dec 2013 13:15:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-257384</guid>

					<description><![CDATA[[&#8230;] most visited post in December was &#8220;Drunk driver will recover $6.6 million from two Pennsylvania bars.&#8221; (In fact, by being linked on Reddit, it brought us the highest number of visitors of any [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] most visited post in December was &#8220;Drunk driver will recover $6.6 million from two Pennsylvania bars.&#8221; (In fact, by being linked on Reddit, it brought us the highest number of visitors of any [&#8230;]</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256531</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Mon, 23 Dec 2013 23:53:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256531</guid>

					<description><![CDATA[&lt;i&gt;Hold on. Stop. Wait!

I could not pull the story up it was behind a wall. The drunk driver is the one who brought the claim? &lt;/i&gt;

From the Pennsylvania Record:

A New York man who is said to be paralyzed from the neck down due to injuries he sustained after driving home drunk from a northeastern Pennsylvania bar has reportedly reached a $6.6 million settlement in his Dram Shop case against the drinking establishments and a bartender.

Manolin Jason Mercado, 36, of the Bronx, N.Y., filed suit in December 2011 at the U.S. District Court for the Middle District of Pennsylvania against Pub 570, bartender Brittany Marie DeBias, and Sticks N Stones Bar and Grill over a May 2, 2010, vehicle accident that ended with the plaintiff suffering paralysis.&lt;/i&gt;

SOURCE:  http://pennrecord.com/news/12392-drunk-driver-paralyzed-in-accident-reportedly-reaches-6-6-million-settlement-with-bars-in-dram-shop-case

Also here:  http://articles.mcall.com/2013-12-11/news/mc-drunk-driver-settlement-east-stroudsburg-20131211_1_mercado-bars-drunk-driver

Nice to see you abandon the dark side on this one Ron.  :)

Merry Christmas to you, your friends and family.]]></description>
			<content:encoded><![CDATA[<p><i>Hold on. Stop. Wait!</p>
<p>I could not pull the story up it was behind a wall. The drunk driver is the one who brought the claim? </i></p>
<p>From the Pennsylvania Record:</p>
<p>A New York man who is said to be paralyzed from the neck down due to injuries he sustained after driving home drunk from a northeastern Pennsylvania bar has reportedly reached a $6.6 million settlement in his Dram Shop case against the drinking establishments and a bartender.</p>
<p>Manolin Jason Mercado, 36, of the Bronx, N.Y., filed suit in December 2011 at the U.S. District Court for the Middle District of Pennsylvania against Pub 570, bartender Brittany Marie DeBias, and Sticks N Stones Bar and Grill over a May 2, 2010, vehicle accident that ended with the plaintiff suffering paralysis.</p>
<p>SOURCE:  <a href="http://pennrecord.com/news/12392-drunk-driver-paralyzed-in-accident-reportedly-reaches-6-6-million-settlement-with-bars-in-dram-shop-case" rel="nofollow ugc">http://pennrecord.com/news/12392-drunk-driver-paralyzed-in-accident-reportedly-reaches-6-6-million-settlement-with-bars-in-dram-shop-case</a></p>
<p>Also here:  <a href="http://articles.mcall.com/2013-12-11/news/mc-drunk-driver-settlement-east-stroudsburg-20131211_1_mercado-bars-drunk-driver" rel="nofollow ugc">http://articles.mcall.com/2013-12-11/news/mc-drunk-driver-settlement-east-stroudsburg-20131211_1_mercado-bars-drunk-driver</a></p>
<p>Nice to see you abandon the dark side on this one Ron.  🙂</p>
<p>Merry Christmas to you, your friends and family.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256523</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Mon, 23 Dec 2013 22:35:51 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256523</guid>

					<description><![CDATA[Ron,  

The quote in the original post above makes clear that the plaintiff was the drunk driver himself.  No need to look behind some paywall.

&quot;Two Northeastern Pennsylvania bars have settled for a combined $6.6 million with a man who became quadriplegic after driving drunk and crashing his car into a tree.&quot;

I don&#039;t see anyway you could read this as someone other than the drunk driver himself was the one who sued.]]></description>
			<content:encoded><![CDATA[<p>Ron,  </p>
<p>The quote in the original post above makes clear that the plaintiff was the drunk driver himself.  No need to look behind some paywall.</p>
<p>&#8220;Two Northeastern Pennsylvania bars have settled for a combined $6.6 million with a man who became quadriplegic after driving drunk and crashing his car into a tree.&#8221;</p>
<p>I don&#8217;t see anyway you could read this as someone other than the drunk driver himself was the one who sued.</p>
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		<title>
		By: Anonymous Attorney		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256509</link>

		<dc:creator><![CDATA[Anonymous Attorney]]></dc:creator>
		<pubDate>Mon, 23 Dec 2013 19:54:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256509</guid>

					<description><![CDATA[OK, new thought.

THE INSURANCE INDUSTRY IS PART OF THE PROBLEM HERE.

Because they seek to make a &quot;business decision&quot; by settling for $6 million, they bypass what should be a MORAL rejection of the demand (and yes, I see there were aggravating factors) by the plaintiff.

Same for so many of the country&#039;s overabundance of frivolous personal injury suits.

THE SYSTEM WORKING AS AN EVIL WHOLE -- greedy and undeserving plaintiffs, unscrupulous plaintiff&#039;s attorneys, insurance companies and their business models, insurance defense lawyers looking to rack up billables, willing court systems, compliant legislatures and a clueless media -- help to siphon off billions from consumers.]]></description>
			<content:encoded><![CDATA[<p>OK, new thought.</p>
<p>THE INSURANCE INDUSTRY IS PART OF THE PROBLEM HERE.</p>
<p>Because they seek to make a &#8220;business decision&#8221; by settling for $6 million, they bypass what should be a MORAL rejection of the demand (and yes, I see there were aggravating factors) by the plaintiff.</p>
<p>Same for so many of the country&#8217;s overabundance of frivolous personal injury suits.</p>
<p>THE SYSTEM WORKING AS AN EVIL WHOLE &#8212; greedy and undeserving plaintiffs, unscrupulous plaintiff&#8217;s attorneys, insurance companies and their business models, insurance defense lawyers looking to rack up billables, willing court systems, compliant legislatures and a clueless media &#8212; help to siphon off billions from consumers.</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256480</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Mon, 23 Dec 2013 15:59:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256480</guid>

					<description><![CDATA[Hold on.  Stop.  Wait!

I could not pull the story up it was behind a wall.  The drunk driver is the one who brought the claim?  

All of the people on here would I usually agree disagree with?  I&#039;m with you on this one.  I realize there were so bizarre circumstances that have been pointed to in this case that may have helped the plaintiff, but at the end of the day he is the one that chose to get in the car and he is the one that crashed that car.   I feel great sympathy for him but I don&#039;t think he should be compensated by the bar. 

Now, I really question the wisdom in settling this case.  The plaintiff had every right to file the claim.  But I can&#039;t imagine too many juries finding this guy not 51% responsible for the injuries.  Some defense lawyers are chickens.  You can&#039;t put that on the civil justice system.]]></description>
			<content:encoded><![CDATA[<p>Hold on.  Stop.  Wait!</p>
<p>I could not pull the story up it was behind a wall.  The drunk driver is the one who brought the claim?  </p>
<p>All of the people on here would I usually agree disagree with?  I&#8217;m with you on this one.  I realize there were so bizarre circumstances that have been pointed to in this case that may have helped the plaintiff, but at the end of the day he is the one that chose to get in the car and he is the one that crashed that car.   I feel great sympathy for him but I don&#8217;t think he should be compensated by the bar. </p>
<p>Now, I really question the wisdom in settling this case.  The plaintiff had every right to file the claim.  But I can&#8217;t imagine too many juries finding this guy not 51% responsible for the injuries.  Some defense lawyers are chickens.  You can&#8217;t put that on the civil justice system.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256379</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Mon, 23 Dec 2013 03:30:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256379</guid>

					<description><![CDATA[gitarcarver, Ron;

Apparently, they not only strapped him down and poured copious amounts of alcohol into his body, they also must have strapped him behind the wheel of a car.]]></description>
			<content:encoded><![CDATA[<p>gitarcarver, Ron;</p>
<p>Apparently, they not only strapped him down and poured copious amounts of alcohol into his body, they also must have strapped him behind the wheel of a car.</p>
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		<title>
		By: TexJudge		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256122</link>

		<dc:creator><![CDATA[TexJudge]]></dc:creator>
		<pubDate>Sat, 21 Dec 2013 16:43:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256122</guid>

					<description><![CDATA[The plaintiff was driving drunk when he crashed; in other words he was engaging in criminal activity namely DWI. Under traditional law an individual cannot collect for damages due to injuries caused while committing a crime. Otherwise, a bankrobber could sue the bank if he got shot by the guard during the robbery. Now if this dumbass had caused injuries to others while driving drunk that&#039;s another story and that is why we have Dram Shop laws to protect innocent third parties. The drunk himself? He deserves nothing though after 40 years of attacks on the concept of individual responsibility I&#039;m not surprised at this result.]]></description>
			<content:encoded><![CDATA[<p>The plaintiff was driving drunk when he crashed; in other words he was engaging in criminal activity namely DWI. Under traditional law an individual cannot collect for damages due to injuries caused while committing a crime. Otherwise, a bankrobber could sue the bank if he got shot by the guard during the robbery. Now if this dumbass had caused injuries to others while driving drunk that&#8217;s another story and that is why we have Dram Shop laws to protect innocent third parties. The drunk himself? He deserves nothing though after 40 years of attacks on the concept of individual responsibility I&#8217;m not surprised at this result.</p>
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		<title>
		By: Daniel		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256083</link>

		<dc:creator><![CDATA[Daniel]]></dc:creator>
		<pubDate>Sat, 21 Dec 2013 09:50:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256083</guid>

					<description><![CDATA[This is why we in the rest of the world believe that the USA  a retarded country. Nowhere else would this even become a legal issue. If a moron drives his car drunk, it&#039;s his own fault. No one else&#039;s. If you can&#039;t handle your liquor, it&#039;s your own fault, no one else&#039;s. The &quot;sue everyone for everything&quot;-mentality in the US is supporting the view that Americans are stupid by default. If you don&#039;t understand that coffe I hot-&#062; here, have a few million dollars! If you don&#039;t understand that cruise control won&#039;t steer your car-&#062; here have a few million dollars!
Reading these stories make me want to laugh an cry at the same time. Greatest country in the world? Yeah, right.

//European bachelor of law.]]></description>
			<content:encoded><![CDATA[<p>This is why we in the rest of the world believe that the USA  a retarded country. Nowhere else would this even become a legal issue. If a moron drives his car drunk, it&#8217;s his own fault. No one else&#8217;s. If you can&#8217;t handle your liquor, it&#8217;s your own fault, no one else&#8217;s. The &#8220;sue everyone for everything&#8221;-mentality in the US is supporting the view that Americans are stupid by default. If you don&#8217;t understand that coffe I hot-&gt; here, have a few million dollars! If you don&#8217;t understand that cruise control won&#8217;t steer your car-&gt; here have a few million dollars!<br />
Reading these stories make me want to laugh an cry at the same time. Greatest country in the world? Yeah, right.</p>
<p>//European bachelor of law.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-256066</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Sat, 21 Dec 2013 06:43:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-256066</guid>

					<description><![CDATA[I just learned another fact from press coverage that increases my sympathy for the plaintiff: at the first bar, he gave the bartender his keys on her promise to drive him home. Instead of driving him home, she drove him to another bar and left his keys on the table. Granted, its foolish to drink that much, but it sounds like this guy made a serious effort not to drive drunk. I can&#039;t imagine what the bartender from the first bar was thinking. I wonder if she shouldn&#039;t be charged criminally, for e.g. reckless endangerment?]]></description>
			<content:encoded><![CDATA[<p>I just learned another fact from press coverage that increases my sympathy for the plaintiff: at the first bar, he gave the bartender his keys on her promise to drive him home. Instead of driving him home, she drove him to another bar and left his keys on the table. Granted, its foolish to drink that much, but it sounds like this guy made a serious effort not to drive drunk. I can&#8217;t imagine what the bartender from the first bar was thinking. I wonder if she shouldn&#8217;t be charged criminally, for e.g. reckless endangerment?</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2013/12/drunk-driver-will-recover-6-6-million-two-pennsylvania-bars/comment-page-1/#comment-255993</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Fri, 20 Dec 2013 22:09:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=43097#comment-255993</guid>

					<description><![CDATA[Settlements like this show up in insurance costs for bars, hence higher drink prices at bars.  Some might consider that a desirable outcome, exerting downward pressure on consumption.  (If prices rise too far, however, then the public will look for affordable alternatives from bootleggers and unregulated &quot;parties.&quot;)]]></description>
			<content:encoded><![CDATA[<p>Settlements like this show up in insurance costs for bars, hence higher drink prices at bars.  Some might consider that a desirable outcome, exerting downward pressure on consumption.  (If prices rise too far, however, then the public will look for affordable alternatives from bootleggers and unregulated &#8220;parties.&#8221;)</p>
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