PSA: Intoxication may cause death

chanel

Silver Member
Jun 8, 2009
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People's Republic of NJ
Tracy Hottenstein's parents filed a federal lawsuit this week blaming the resort's Polar Bear Plunge for her 2009 death from hypothermia.

In a scattershot 39-page lawsuit, parents Charles and Elizabeth Hottenstein of Telford, Pa., blamed 19 defendants for their daughter's wrongful death, including the city, police, medics and even her friends.

Police said Hottenstein's blood-alcohol level was higher than .08, the legal limit to drive in New Jersey. The Southern Regional Medical Examiner's Office blamed her intoxication in part for her death.

But the accident raises a question about what responsibility Hottenstein had for her own safety that night. Published accounts of the lawsuit drew a strong reaction from newspaper readers both in Philadelphia and New Jersey.

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?
 
Tracy Hottenstein's parents filed a federal lawsuit this week blaming the resort's Polar Bear Plunge for her 2009 death from hypothermia.

In a scattershot 39-page lawsuit, parents Charles and Elizabeth Hottenstein of Telford, Pa., blamed 19 defendants for their daughter's wrongful death, including the city, police, medics and even her friends.

Police said Hottenstein's blood-alcohol level was higher than .08, the legal limit to drive in New Jersey. The Southern Regional Medical Examiner's Office blamed her intoxication in part for her death.

But the accident raises a question about what responsibility Hottenstein had for her own safety that night. Published accounts of the lawsuit drew a strong reaction from newspaper readers both in Philadelphia and New Jersey.

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?

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

In regards to the man buying her drinks:

The lawsuit also accuses 19 defendants of wrongful death, including the owners of two bars that Hottenstein patronized the night she died. It also names the Sea Isle City couple who invited Hottenstein to dinner at their 43rd Place home that evening and the man, Michael Miloscia of Sewell, N.J., who might have been the last to see Hottenstein alive that morning.

According to the lawsuit, Hottenstein decided to stay with Miloscia at the Ocean Drive Restaurant instead of accompanying her friends home when they decided to leave.

"Mr. Miloscia assured the friends that he would take care of Ms. Hottenstein and she stayed with Mr. Miloscia and continued to be served alcohol, some of which he purchased for her," the document states.

Hottenstein left the Ocean Drive Bar with Miloscia without her coat, according to the court document.

"Michael Miloscia as the 'last friend' with Ms. Hottenstein failed to ensure that she got home safely after leaving the bars in an intoxicated state," the lawsuit said.

Miloscia could not be reached for comment in Sewell.

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.
 
Tracy Hottenstein's parents filed a federal lawsuit this week blaming the resort's Polar Bear Plunge for her 2009 death from hypothermia.

In a scattershot 39-page lawsuit, parents Charles and Elizabeth Hottenstein of Telford, Pa., blamed 19 defendants for their daughter's wrongful death, including the city, police, medics and even her friends.

Police said Hottenstein's blood-alcohol level was higher than .08, the legal limit to drive in New Jersey. The Southern Regional Medical Examiner's Office blamed her intoxication in part for her death.

But the accident raises a question about what responsibility Hottenstein had for her own safety that night. Published accounts of the lawsuit drew a strong reaction from newspaper readers both in Philadelphia and New Jersey.

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?

Outrageous suit.

The people who advance this kind of nonsensical crap ought to be horsewhipped.
 
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
 
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????
 
Tracy Hottenstein's parents filed a federal lawsuit this week blaming the resort's Polar Bear Plunge for her 2009 death from hypothermia.

In a scattershot 39-page lawsuit, parents Charles and Elizabeth Hottenstein of Telford, Pa., blamed 19 defendants for their daughter's wrongful death, including the city, police, medics and even her friends.

Police said Hottenstein's blood-alcohol level was higher than .08, the legal limit to drive in New Jersey. The Southern Regional Medical Examiner's Office blamed her intoxication in part for her death.

But the accident raises a question about what responsibility Hottenstein had for her own safety that night. Published accounts of the lawsuit drew a strong reaction from newspaper readers both in Philadelphia and New Jersey.

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?

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

In regards to the man buying her drinks:

The lawsuit also accuses 19 defendants of wrongful death, including the owners of two bars that Hottenstein patronized the night she died. It also names the Sea Isle City couple who invited Hottenstein to dinner at their 43rd Place home that evening and the man, Michael Miloscia of Sewell, N.J., who might have been the last to see Hottenstein alive that morning.

According to the lawsuit, Hottenstein decided to stay with Miloscia at the Ocean Drive Restaurant instead of accompanying her friends home when they decided to leave.

"Mr. Miloscia assured the friends that he would take care of Ms. Hottenstein and she stayed with Mr. Miloscia and continued to be served alcohol, some of which he purchased for her," the document states.

Hottenstein left the Ocean Drive Bar with Miloscia without her coat, according to the court document.

"Michael Miloscia as the 'last friend' with Ms. Hottenstein failed to ensure that she got home safely after leaving the bars in an intoxicated state," the lawsuit said.

Miloscia could not be reached for comment in Sewell.

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.

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.
 
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.
 
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?

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

In regards to the man buying her drinks:

The lawsuit also accuses 19 defendants of wrongful death, including the owners of two bars that Hottenstein patronized the night she died. It also names the Sea Isle City couple who invited Hottenstein to dinner at their 43rd Place home that evening and the man, Michael Miloscia of Sewell, N.J., who might have been the last to see Hottenstein alive that morning.

According to the lawsuit, Hottenstein decided to stay with Miloscia at the Ocean Drive Restaurant instead of accompanying her friends home when they decided to leave.

"Mr. Miloscia assured the friends that he would take care of Ms. Hottenstein and she stayed with Mr. Miloscia and continued to be served alcohol, some of which he purchased for her," the document states.

Hottenstein left the Ocean Drive Bar with Miloscia without her coat, according to the court document.

"Michael Miloscia as the 'last friend' with Ms. Hottenstein failed to ensure that she got home safely after leaving the bars in an intoxicated state," the lawsuit said.

Miloscia could not be reached for comment in Sewell.

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.

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.

Where does it say that?

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.

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.
 
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.
 
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.


He said he would take care or her. A whole bunch of different things could have happened between them but what do we know happened?
 
It is clear that this suit is only about her parents capitalizing upon her death.

Shame on them.
 
I agree mini and the comments on several articles say pretty much the same thing.

And Art - of course the last guy to see her alive was a "person of interest", but he's been cleared. No one knows what happened between 2:15 and 7:00 a.m. And they most likely never will. It's been two years.

There are web pages dedicated to her asking for information. No one knows.
 

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