Talk about grasping at straws

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#21
Well I guess since I'm always an a$$ any way I'll state my opinion.
It's refreshing to see a case where ONLY the dumb drunk got killed.
 
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#22
Like I said earlier, the restaurant offered to call him a cab, but he declined. That puts the ball pretty squarely in his court, I think.
The issue would be whether they knowingly served a drunk man more alcohol, and then allowed him to drive away. Offering to call a cab was only a token effort. Don't get me wrong, I think the guy was a drunk, high, cell-phone-using jerk who virtually killed himself. But I don't think that legally or ethically that lets the restaurant off the hook for its responsibility to its customers and society. It's been made plenty clear over the last 20 years that bars and restaurants are liable if their customers get drunk and drive away.
 
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#23
Well I guess since I'm always an a$$ any way I'll state my opinion.
It's refreshing to see a case where ONLY the dumb drunk got killed.
Now there's truth. It's a shame anyone had to die for stupidity, but at least it wasn't someone who was just in the wrong place at the wrong time.

Now . . . about suing the guy with the stalled car . . . yeah - nothing like throwing the blame on the guy who can't afford a late model car, or a lawyer. But, it's doubtful he'll get hammered because there's no point in suing someone with nothing to take. :rolleyes:

Why don't we just go ahead and reinstate debtors prisons and make it a felony to be below a certain income level . . .
 
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#25
Now there's truth. It's a shame anyone had to die for stupidity, but at least it wasn't someone who was just in the wrong place at the wrong time.

Now . . . about suing the guy with the stalled car . . . yeah - nothing like throwing the blame on the guy who can't afford a late model car, or a lawyer. But, it's doubtful he'll get hammered because there's no point in suing someone with nothing to take. :rolleyes:

Why don't we just go ahead and reinstate debtors prisons and make it a felony to be below a certain income level . . .
Yeah a drunk hit an suv carrying a family of 8 2 wks ago. 5 died at the scene.
 
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#28
I am trying to see how a stalled vehicle can cause an accident. If you hit a stalled vehicle you deserve what you get, you are driving too fast for conditions, following too close, not paying attention or impaired. I used to see it daily in Denver and it was almost without exception someone following too close. Not everyone has an income capable of affording cars in good shape. If you want those kind of people off of the road who is going to do all of the labor jobs involved with keeping your lavish lifestyle going? We need poor and uneducated people and we need what they provide. Being brand new and off of the showroom floor doesnt mean you cant breakdown. Cars have lots of moving parts which are subject to failure. The parts dont need to be moving either they can be electrical.

The fault lies on the drunk driver entirely. He or his estate should make everything right with all parties. The restaraunt shouldnt have to face any charges. I know the law will disagree but the law is as stupid as the people who wrote it and agree with it.
 

sparks19

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#30
EXACTLY buckshot.

He should be sued because his car stalled?

LOL it was being LOADED onto a TOW TRUCK. Obviously it didn't just stall right in front of him and tow trucks have FLASHING LIGHTS!!!!!!

YES.... let's sue someone else for one persons GROSS negligence. I guess they should change bartenders job description to Bartender/Babysitter.

Not to mention that many people react differently to alcohol consumption. Who is to say that he appeared to be very intoxicated. Yes he was double the legal limit but that does not mean he was stammering and stumbling all over the place. he could have appeared slightly buzzed.

I just find it sad that you can sue for someone else's STUPIDITY.
 

Aussie Red

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#31
Now that's a suit I could get behind . . . . along with one against everyone reporting over the Paris Hilton circus, the Britney brouhaha, and any of the other trivial pursuit du jour stories that are inundating even the NEWS . . .
I am singing along that dotted line lol.
Law suits are going to an all time low now. Think about it sue the driver of a tow truck and the driver of a stalled car because your son is drunk on the road ? If they go forward with that suit I would think the courts should jail them and their shyster lawyer Sheesh.
 

Aussie Red

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#33
The fact they sued everyone in a 4-mile radius of the accident makes it look bad, but the restaurant issue is potentially valid.

It's understood that for the entire 31/2 hours that Josh Hancock was there that he was handed drinks," Keith Kantack, a lawyer for Dean Hancock, said. "It's our understanding that from the moment Josh Hancock entered Mike Shannon's that night that he was never without a drink."

If it can be proven that the restaurant kept serving him drinks after he clearly appeared to be drunk, the restaurant is in huge trouble, and not just of the 'fork over lots of cash' kind.

And I kind of see the point about the guy with the Geo. The last Geo rolled off the line in 1998 and they weren't big, sturdy cars to start with. A car shouldn't stall when it gets cut off in traffic. That is a traffic hazzard. I see plenty of nasty, disintegrating cars on the road, and they are a legit problem.
Ok now here is another scenario.
If he the drunk had been drinking at home who do they sue the manufacturer for making the booze ?
If the guy with the older care is at fault then do we not hold DMV accountable for tagging it and allowing it on the road ?
If the tow driver is at fault do we then have the stalled vehicle pushed to repair shop by people ? Thing I am thinking is this. You know before you take that first drink that getting into a car and driving it is wrong legally and morally. You know that you may have an accident and chose to do it anyway.
You see it daily on tv how a drunk driver killed an innocent person yet you go ahead and do it anyway. My thought is this is no different then a 1 st degree murder. You did it with full intention. If you did not have that intent you would not have driven to the bar. Hence you should get a life sentence or the death penalty because your victim sure did.
 

jess2416

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#34
Thats exactly whats wrong with people these days...

They don't know how to take responsibility for their own actions..
:rolleyes:
 
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#37
I am in St. Louis and it was on talk radio all night. jthey are even suing the guy who's car stalled. ridiculous. I hope they get it thrown out.
 
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#38
Ok now here is another scenario. If he the drunk had been drinking at home who do they sue the manufacturer for making the booze ? If the guy with the older care is at fault then do we not hold DMV accountable for tagging it and allowing it on the road ? If the tow driver is at fault do we then have the stalled vehicle pushed to repair shop by people ?
Why aren't all these situations identical? Because it's not legally reasonable. It's reasonable to expect car owners to realize when their cars are unsafe, and stop driving them until they're repaired. It's not reasonable to expect the DMV to track down every rattletrap in their state. It's reasonable to expect a bartender who's serving a man for 3 hours to stop him from driving. It's not reasonable to expect the alcohol maker to stop him.

And btw, I'm not saying that the Geo's owner was responsible in this case. It sounds like he/she wasn't. But since everyone's always salivating about personal responsibility and how the media doesn't report news accurately, I thought it was worth mentioning that maybe the lawsuit has some validity.
 

Aussie Red

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#40
Why aren't all these situations identical? Because it's not legally reasonable. It's reasonable to expect car owners to realize when their cars are unsafe, and stop driving them until they're repaired. It's not reasonable to expect the DMV to track down every rattletrap in their state. It's reasonable to expect a bartender who's serving a man for 3 hours to stop him from driving. It's not reasonable to expect the alcohol maker to stop him.

And btw, I'm not saying that the Geo's owner was responsible in this case. It sounds like he/she wasn't. But since everyone's always salivating about personal responsibility and how the media doesn't report news accurately, I thought it was worth mentioning that maybe the lawsuit has some validity.
You see that is where I fail to see your point. I do not see how a bartender is responsible. He is doing a job making drinks. He is not a doctor and not able to know BA of his customer. Some people can be way over the legal limit and never show any signs of drunkenness. My brother can have a BA of 2.0 and you would not ever know it and I have personally seen him get pulled over and tested and pass yet I also know how much he has had to drink. Who is at fault if he has an accident ? I do not follow your logic.
As far as older less then well maintained vehicles so you would rather see that person get their car off your road and let them draw welfare because they earn minimum wages and are trying to keep on working and not draining the system ? Public transport is very unreliable and not always readily available. Sorry but they have a right to use the same roads I do.
 

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