PSA: Intoxication may cause death

Discussion in 'Law and Justice System' started by chanel, Feb 13, 2011.

  1. chanel
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    chanel Silver Member

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    Parents blame Sea Isle Polar Bear Plunge for daughter's death - pressofAtlanticCity.com: Lower Cape May

    35 year old woman drinks all day, falls into the water on her way home, and dies of hypothermia. Parents think they should get $$$$ for that.

    These types of lawsuits are routine here in the overly litigious state of NJ. But the part that really bothers me is that the family is suing the guy she met in the bar. They called him an "acquaintance" who bought her drinks before she stumbled into the canal. He "failed to ensure that she got home safely after leaving the bars in an intoxicated state," the lawsuit said.

    Be careful fellas. Don't buy drinks for drunk chicks.

    Should the taxpayers of that town be responsible for the accidental death of a grown woman?

    Predictions on their suit?
     
  2. Article 15
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    Article 15 Dr. House slayer

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    Not sure what to think because there is too much info missing.

    In regards to the man buying her drinks:

    To me that sounds like the friends were worried about leaving her at the bar but the dude said that he would take of care her i.e. make sure she got home.

    Did she leave alone? If so why and why on foot? I think Miloscia has those answers.
     
  3. California Girl
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    California Girl BANNED

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    The only person responsible for her death was herself. Personal responsibility.
     
  4. editec
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    editec Mr. Forgot-it-All

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    Outrageous suit.

    The people who advance this kind of nonsensical crap ought to be horsewhipped.
     
  5. sparky
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    sparky VIP Member

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    The Sea Isle City Police Department and individual officers are also named as defendants for allegedly not permitting rescue workers to perform lifesaving treatment for hypothermia after they discovered Hottenstein had no pulse.

    Rescuers were also blamed for allegedly not intervening to provide lifesaving treatment for hypothermia that the parents say might have revived their daughter. Instead, she lay on the banks of the bay for more than two hours while police launched their criminal investigation, the lawsuit said.


    That's because none of those present are legally qualified to determine 'death', and only a bona fide medical examiner would be. Unfortunatly, most medical examiners are available on a call basis, they don't respond via lights & sirens, and may take (in some circumstances) hours to arrive on scene

    Now, said cops and rescue workers may have known & witnessed lividity, and even rigor (despite hypothermia mimicing, because it starts in neck/face first) , and realized she wasn't comming back , all in lieu of the ever popular mammillian diving reflex strawman being elluded to that applies predominatley to pediatrics


    ergo a crime scene that should remain undisturbed, should they (the rescue workers) have decided to start CPR, they'd have blown any decent forensics of the scene, as well as made a complete mess of the woman's body
     
  6. chanel
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    chanel Silver Member

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    Originally there was speculation that it was a homicide. Or it could have been a suicide. Or she could have been drugged at the bar...

    But the parents have accepted that it was an accident. So????
     
  7. chanel
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    chanel Silver Member

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    She lived only a few blocks from the bar. The bartender (and her friends) knew she wasn't driving, so no one was overly concerned.

    I think Mioscia was a guy she met in the bar. He had no responsibility for her despite what he may or may not have told her friends. He was probably drunk too.
     
  8. Truthmatters
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    Truthmatters BANNED

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    Sometimes a lawsuit is the only way to obtain more evidence.

    BTW it is illegal to contiunue to serve someone who is too drunk to function.
     
  9. Article 15
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    Article 15 Dr. House slayer

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    Where does it say that?

    According to the link he's the guy she met at the bar. You say he had no responsibility for her but I'm not ready to agree with that without more details.

    If I left a friend at a bar with a guy who said he would "take care of her" and she turned up dead I would want to know WTF happened and depending on the circumstances might think he might have some blame in the matter.

    As far as the parents suing everyone they can think of, well, I think that part of this story is outrageous. But when it comes to the dude I would want to know everything that happened.
     
  10. chanel
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    chanel Silver Member

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    This is a local story. I know where her parents live.

    Did the guy have a moral responsibility? Perhaps. A legal one? No way.

    How many times do drunks say to their friends "I'm fine"? She may not have wanted him to walk her home. That makes more sense.
     

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