The New Jersey Supreme Court will take up the appeal of a case where a Brick, N.J. man hurt in a motorcycle crash was allowed to proceed with a suit against the Toms River restaurant that had served him. [Asbury Park Press via NLJRA, earlier]
Posts Tagged ‘dramshop statutes’
July 28 roundup
- “N.J. High Court to Review Drunken Drivers’ Right to Sue Bars That Served Them” [NJLJ]
- Recipe for Oakland-style public unionism: “Public Safety Employer-Employee Cooperation Act” pending on Capitol Hill would impose public-service collective bargaining and labor arbitration on local governments nationwide [Cavanaugh/Reason, more, effects on police misconduct accountability]
- iPhone class action of doubtful benefit to consumers [Hahn & Passell, Regulation 2.0]
- U.K.: “Fired Top In-House Lawyer Testifies She Was Bullied by Underling” [ABA Journal]
- Due this fall: Norma Zager book “Erin Brockovich and the Beverly Hills Greenscam” [Pelican Publishing] Weitz firm invokes Brockovich association to drum up Gulf spill business [Michael Daly, NYDN]
- Paperwork nightmare: “Health Care Reform’s Terrible, Tiny Tax” [Megan McArdle]
- Three views of Sherrod fiasco [Rick Esenberg, Radley Balko, John Derbyshire]
- This time the feds look serious about foisting low-flow showerheads on unwilling consumers [Heritage Foundry]
United Airlines liquor service caused husband to beat wife
Such is the contention of Yoichi and Ayisha Shimamoto, who are suing UAL “for ‘negligently’ overserving alcohol during a flight from Osaka, Japan, to San Francisco, saying the carrier’s drinks fueled the domestic violence involving the two shortly after their plane landed.” (Julie Johnsson, “Couple accuse United Airlines of overserving husband, causing him to beat wife”, Chicago Tribune, Dec. 17).
Sliding down stair railing while drunk
“One may sympathize with the family of Todd Jette, who was killed in an unsuccessful attempt to slide down a stair railing at Adobe Gila’s Bar and Grill in Dayton, Ohio. … One has less sympathy for the lawyers who have just filed suit on behalf of Jette’s estate, arguing that the restaurant was negligent for failing to save Jette from himself.” (Social Services for Feral Children, Dec. 9; “Greene restaurant facing lawsuit”, WHIO, Dec. 9; Kelli Wynn, Dayton Daily News, Dec. 13, 2006).
Livery car liable for passenger’s later crash
Massachusetts: “A livery company and its driver are liable in a fatal car accident caused by a drunk passenger after he left the livery van, the state’s highest court ruled yesterday. … The court said [the hired driver] should not have dropped off a drunk passenger at a location where he would probably get into a car and drive.” (Denise Lavoie, “SJC rules livery firm negligent in crash”, AP/Boston Globe, Nov. 27).
May 28 roundup
- More on that New Mexico claim of “electro-sensitive” Wi-Fi allergy: quoted complainant is a longtime activist who’s written an anti-microwave book [VNUNet, USA Today “On Deadline” via ABA Journal]
- Your wisecracks belong to us: “Giant Wall of Legal Disclaimers” at Monsters Inc. Laugh Floor at Disneyland [Lileks; h/t Carter Wood]
- New at Point of Law: AAJ commissions a poll on arbitration and gets the results it wants; carbon nanotubes, tomorrow’s asbestos? California will require lawyers operating without professional liability insurance to inform clients of that fact (earlier here and here); and much more.
- Actuaries being sued for underestimating funding woes of public pension plans [NY Times via ABA Journal]
- City of Santa Monica and other defendants will pay $21 million to wrap up lawsuits from elderly driver’s 2003 rampage through downtown farmers’ market [L.A. Times; earlier]
- Sequel to Giants Stadium/Aramark dramshop case, which won a gigantic award later set aside, is fee claim by fired lawyer for plaintiff [NJLJ; Rosemarie Arnold site]
- Privacy law with an asterisk: federal law curbing access to drivers license databases has exemption that lets lawyers purchase personal data to help in litigation [Daily Business Review]
- Terror of FEMA: formaldehyde in Katrina trailers looks to emerge as mass toxic injury claim, and maybe we’ll find out fifteen years hence whether there was anything to it [AP/NOCB]
- Suit by “ABC” firm alleges that Yellow Book let other advertisers improperly sneak in with earlier alphabetical entries [Madison County Record]
- Gun law compliance, something for the little people? A tale from Chicago’s Board of Aldermen [Sun-Times, Ald. Richard Mell]
- Think twice about commissioning a mural for your building since federal law may restrain you from reclaiming the wall at a later date [four years ago on Overlawyered]
Deep Pockets File: Bauer v. Nesbitt
On September 3, 2003, 19-year-old Frederick Nesbitt was underaged at “Wing Night” at the C View Inn in Cape May, New Jersey, so the waitress at the bar only served him soda while his companions drank pitchers of beer. (His 21-year-old companion James Hamby had a suspended license for drunk driving.) But Nesbitt had been drinking rum and drinking beer with the others before they got to the bar; and Hamby spiked Nesbitt’s drinks with rum under the table at the bar, which was presumably busy serving sixty other people and didn’t notice. So Nesbitt had a 0.199 blood-alcohol level when, speeding, he “lost control [of his car], careening back and forth across the road before striking a guard rail and landing on the driver’s side. He was thrown out the rear window while Hamby, who was found in the car, was pronounced dead at the scene.” Nesbitt is serving a five-year prison term for vehicular homicide, but Hamby’s estate is suing the bar. (It settled with Nesbitt for his $50,000 insurance coverage.)
The lower court threw out the case since the bar didn’t serve Nesbitt any alcohol, but a New Jersey appellate court ruled that the bar has a duty to arrange transportation for anyone who walks in who appears to be drunk “regardless of whether Nesbitt’s intoxication resulted from the service of alcohol by the inn or from other causes” (notwithstanding the absence of such a cause of action under the dramshop statute) so the bar will now have to hope the jury credits the witnesses who say that Nesbitt didn’t appear drunk. (Mary Pat Gallagher, “N.J. Court: Bar May Be Liable for Fatal Crash Even if It Didn’t Serve Patron Alcohol”, NJ Law J, Mar. 24; Tom Hester & Abby Green, “Court adds to taverns’ duty toward safe driving”, Newark Star-Ledger, Mar. 21; Insurance Journal, Mar. 21; AP, Mar. 20; NJLawman.com message board).
If your drinks appear more expensive in New Jersey, it’s because you’re paying for insurance for drunk drivers who might stop at the bar to use the restroom. Of course, why stop at bars? Why not convenience stores?
November 26 roundup
All-automotive edition:
- Court won’t unseal settlement arising from $105 million Aramark/Giants Stadium dramshop case for fear girl’s father will try to get his hands on money [NJLJ, NorthJersey.com, Childs; earlier]
- Great moments in insurance defense law: you mean it wasn’t a good idea to infiltrate that church meeting to investigate the crash claim? [Turkewitz first, second posts]
- Columnist Paul Mulshine rejoices: Ninth Circuit decision “if it stands, will lead to the end of the SUV as we know it” [Newark Star-Ledger]
- Is it unfair — and should it be unlawful? — for insurers to settle crash victims’ claims too early? [Maryland Injury Lawyer Blog]
- If Ron Krist prevails in shoot-out of Texas plaintiff titans, he vows to have sheriff seize John O’Quinn’s Batmobile [American Lawyer; see also Ted’s take earlier]
- In much-watched case, Australian high court by 3-2 split upholds highway authority against claim defective bridge design was blameworthy after youth’s dive into shallow water [RTA NSW v. Dederer, Aug. 30]
- Redesigning Toyota’s occupant restraint system? Clearly another job for the Marshall, Texas courts [SE Texas Record; Point of Law; more]
- Bench trial results in $55 million verdict against U.S. government after Army employee on business runs red light and paralyzes small child [OC Register]
- Vision in a purple Gremlin: her Yale Law days shaped Hillary in many ways [Stearns/McClatchy]
- Zero tolerance for motorists’ blood-alcohol — are we sure we want to go there? [Harsanyi, Reason]
- Driver falls asleep, so of course Ford must pay [two years ago on Overlawyered; much more on our automotive page]