Drunken perv hit by car - Who's fault is it anyway?

[chanel]

Jury selection is expected to begin Monday in a lawsuit filed by the estate of a former Morris County man who was kicked out of a go-go bar and later killed when he was struck by two cars as he tried to cross Route 10.

The lawsuit claims the Roxbury bar, Smiles II, was reckless and negligent when it forced Robert Doyle, 42, of Succasunna, to leave the establishment on the night of Feb. 23, 2006, because he was dangerously intoxicated after drinking at the bar and had earlier passed out.

The victim was "extremely intoxicated, completely incoherent, disoriented and unable to walk ..." the lawsuit claims.

"(The) defendants escorted him (Doyle) out of the door of Smiles II knowing the exit of the premises entered directly onto Route 10, a heavily traveled highway" according to the lawsuit.

Doyle was struck by one car and run over by a second as he tried to cross the highway, the lawsuit states.

The nine-page complaint names the owner of the bar, Kev-She Realty Associates, bartenders Peter Vasilopoulos and Eric Olsen, and two other unnamed bar employees, and the drivers/owners of the two cars, Angel Nickens of Budd Lake and Theresa and Williams Edwards of Andover Township.

Trial begins in case of Roxbury bar ejecting drunk man before he was fatally struck by cars | NJ.com

Always someone else's fault...

 

[Luissa]

It is the man's fault, but the bar should have never served him that much. For in most state there is laws about over serving.
The same thing happened here with a women, she was over served, the bar let her leave, and she ended up being dragged by a car for a mile. It maybe the man's fault, but it called looking out for your fellow man.

 

[Skull Pilot]

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

 

[Annie]

It is the man's fault, but the bar should have never served him that much. For in most state there is laws about over serving.
The same thing happened here with a women, she was over served, the bar let her leave, and she ended up being dragged by a car for a mile. It maybe the man's fault, but it called looking out for your fellow man.

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

I would say that the bar should have called the police to get him, not a cab. Truth is, we don't know how much the bartender poured for the guy, he may have stumbled in there already loaded. However, putting anyone out a door when they can barely walk, not a good idea.

 

[Skull Pilot]

It is the man's fault, but the bar should have never served him that much. For in most state there is laws about over serving.
The same thing happened here with a women, she was over served, the bar let her leave, and she ended up being dragged by a car for a mile. It maybe the man's fault, but it called looking out for your fellow man.

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

I would say that the bar should have called the police to get him, not a cab. Truth is, we don't know how much the bartender poured for the guy, he may have stumbled in there already loaded. However, putting anyone out a door when they can barely walk, not a good idea.

And not the responsibility of the bartender.

I wouldn't want the cops playing taxi when they could be ticketing speeders.

 

[Luissa]

It is the man's fault, but the bar should have never served him that much. For in most state there is laws about over serving.
The same thing happened here with a women, she was over served, the bar let her leave, and she ended up being dragged by a car for a mile. It maybe the man's fault, but it called looking out for your fellow man.

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

I would say that the bar should have called the police to get him, not a cab. Truth is, we don't know how much the bartender poured for the guy, he may have stumbled in there already loaded. However, putting anyone out a door when they can barely walk, not a good idea.

And not the responsibility of the bartender.

I wouldn't want the cops playing taxi when they could be ticketing speeders.

Actually it is, for one it is against the law to over serve. And if he was loaded when he go there, they should have never let him in.

 

[Luissa]

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

The bar tender also knows the laws of the state, and what will happen if they are caught over serving.

 

[Skull Pilot]

I would say that the bar should have called the police to get him, not a cab. Truth is, we don't know how much the bartender poured for the guy, he may have stumbled in there already loaded. However, putting anyone out a door when they can barely walk, not a good idea.

And not the responsibility of the bartender.

I wouldn't want the cops playing taxi when they could be ticketing speeders.

Actually it is, for one it is against the law to over serve. And if he was loaded when he go there, they should have never let him in.

Yawn.

An adult is the only one responsible for his action.

Laws demanding the business owners act like Mommy are beyond stupid.

 

[Luissa]

And not the responsibility of the bartender.

I wouldn't want the cops playing taxi when they could be ticketing speeders.

Actually it is, for one it is against the law to over serve. And if he was loaded when he go there, they should have never let him in.

Yawn.

An adult is the only one responsible for his action.

Laws demanding the business owners act like Mommy are beyond stupid.

Doesn't matter if they are stupid, bartenders know not to over serve people. They also know what can happen if they do, and that they can be held responsible.

 

[Skull Pilot]

Actually it is, for one it is against the law to over serve. And if he was loaded when he go there, they should have never let him in.

Yawn.

An adult is the only one responsible for his action.

Laws demanding the business owners act like Mommy are beyond stupid.

Doesn't matter if they are stupid, bartenders know not to over serve people. They also know what can happen if they do, and that they can be held responsible.

So all stupid laws are fine with you?

I happen not to be one of the sheep who bleat in tune with you nanny staters.

 

[George Costanza]

Wannabe Blonde 1
Skull Pilot 0

 

[Annie]

It is the man's fault, but the bar should have never served him that much. For in most state there is laws about over serving.
The same thing happened here with a women, she was over served, the bar let her leave, and she ended up being dragged by a car for a mile. It maybe the man's fault, but it called looking out for your fellow man.

If an adult chooses to drink himself into a stupor, the only person responsible for the consequences is said adult.

I would say that the bar should have called the police to get him, not a cab. Truth is, we don't know how much the bartender poured for the guy, he may have stumbled in there already loaded. However, putting anyone out a door when they can barely walk, not a good idea.

And not the responsibility of the bartender.

I wouldn't want the cops playing taxi when they could be ticketing speeders.

I was thinking more along the lines of public inebriation.

 

[xotoxi]

Drunken perv hit by car - Who's fault is it anyway?

It depends on what he was drinking.

I consider it the fault of the company who produced the alcohol...for making such a delicious, yet intoxicating, beverage.

 

[George Costanza]

And not the responsibility of the bartender.

So let me get this straight - it's perfectly OK for the bartender (owner) to serve as much booze as he can to as many people as he can, pocket the profits from so doing and then stare blithely off, into the blue, when his drunken patrons stagger forth to do harm to others. That about it?

You don't see anything wrong with that?

What about the PERSONAL RESPONSIBILITY (con buzz pharse) of the flipping BARTENDER?

 

[Skull Pilot]

Wannabe Blonde 1
Skull Pilot 0

And you're bald.

 

[Skull Pilot]

And not the responsibility of the bartender.

So let me get this straight - it's perfectly OK for the bartender (owner) to serve as much booze as he can to as many people as he can, pocket the profits from so doing and then stare blithely off, into the blue, when his drunken patrons stagger forth to do harm to others. That about it?

You don't see anything wrong with that?

What about the PERSONAL RESPONSIBILITY (con buzz pharse) of the flipping BARTENDER?

yes it is perfectly all right.

If an adult wishes to drink himself blind, it is no one's business.

The bartender is not acting irresponsibly. The drunks at the bar are.

Just because you want to tell everyone what and how much they should drink, eat or whatever because you believe that people are too fucking stupid to make their own decisions is your problem.


So BAAAA BAAAA sheep bleat away.

 

[George Costanza]

Wannabe Blonde 1
Skull Pilot 0

And you're bald.

I have hair! I have hair!!! (Vein beginning to stick out on forehead just a little.)

 

[George Costanza]

And not the responsibility of the bartender.

So let me get this straight - it's perfectly OK for the bartender (owner) to serve as much booze as he can to as many people as he can, pocket the profits from so doing and then stare blithely off, into the blue, when his drunken patrons stagger forth to do harm to others. That about it?

You don't see anything wrong with that?

What about the PERSONAL RESPONSIBILITY (con buzz pharse) of the flipping BARTENDER?

yes it is perfectly all right.

If an adult wishes to drink himself blind, it is no one's business.

The bartender is not acting irresponsibly. The drunks at the bar are.

Just because you want to tell everyone what and how much they should drink, eat or whatever because you believe that people are too fucking stupid to make their own decisions is your problem.


So BAAAA BAAAA sheep bleat away.

Dram shop laws always have been controversial, mainly for the reasons you state here. Sure, the drunk at the bar is behaving very irresponsibly. Dram shop laws recognize that. But there are three players in the usual situation: the drunk, the bartender and the innocent person out on the street. Of those three, the only one with presumably any degree of sense and/or awareness, is the bartender. The drunk sure doesn't have the sense not to stagger out there and injure the innocent person. The innocent person has sense, but no awareness.

So the law, I think properly, says that, in such a scenario, responsibility has to fall on the bartender. When you add in the fact that it is the bartender, after all, who is making a profit from the sale of alcohol to the drunk, making him responsible when the drunk messes up makes even more sense.

You obviously don't agree with dram shop laws. OK. I do. Wanna have a beer?

 

[Care4all]

the Bartender should have called the police, as annie said, because he was inebriated or better yet, the Bartender and owner of the Bar should NOT have served him to that point.

the owner of this Bar has NO RIGHT to own a Bar in our country or to serve liquor. They get licensed to do such by the State and if the state requires them to be good stewards to the community they choose to open their business in and keep the wellness of the community in mind first, before their PROFITS, then that's just the way it is....It is the owner's responsibility and duty to the community in which they operate....

Most bars will insure themselves against such lawsuits like the one in the op I would bet.

 

[Skull Pilot]

I do. Wanna have a beer?

Just one?