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Bar, Server Cited in Deaths (NM-Outrage of the day)
The Albuquerque Journal ^ | April 18, 2006 | Associated Press

Posted on 04/18/2006 8:20:35 AM PDT by CedarDave

click here to read article


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To: TWohlford
...whether the State should fine a bar who serves an obviously intoxicated person.

Some people don't appear to "obviously" be intoxicated when they are.

This is a case of abuse of power by a small person with a little authority.

Do we have a name & pic of this insignificant twerp?

41 posted on 04/18/2006 9:27:19 AM PDT by citizen (Yo W! Read my lips: No Amnistia by any name! And the White House has a fence around it!)
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To: beelzepug

Logic, law /=


42 posted on 04/18/2006 9:27:22 AM PDT by Navy Patriot (Another handgun jumps to the aid of a person in danger.)
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To: Navy Patriot

Excellent analysis. Definitely is bureaucratic by the agency and punitive to the bar owner/server.


43 posted on 04/18/2006 9:27:49 AM PDT by CedarDave
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To: CedarDave

not uncommon. "dram shop" laws here in MN paid some guy's wife because he got loaded at a Wild game and flipped his
truck and made himself a parapalegic.

just another lawyer enrichment program.


44 posted on 04/18/2006 9:28:31 AM PDT by Rakkasan1 (they love you in Mexico until you pay in pesos.)
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To: CedarDave

This is a good case for lawyer sanctions.

We need proximate cause tort reform.

This is absurd. I think the state must have joint and several liability and are seeking to get the bar's insurance.

Thus even if it is 1% responsible they can be made to pay 100% of the liability. This is an insurance scam.

Make the lawyer for the plaintiff pay for this out of his own pocket.


45 posted on 04/18/2006 9:31:00 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: CedarDave

Let's have prohibition again. Or just a totalitariam state. It looks like we're headed there, only I can't figure out whether it's due to liberals or conservatives. I guess I give most of the blame to liberals, but conservatives are helping.


46 posted on 04/18/2006 9:31:15 AM PDT by Sam Cree (Delicacy, precision, force)
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To: CedarDave
OK Dave,

Place that logic on the bar and back away slowly, keep your brain where I can see it.

47 posted on 04/18/2006 9:32:00 AM PDT by Navy Patriot (Another handgun jumps to the aid of a person in danger.)
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To: ContemptofCourt

"I'm not so sure a bartender should be serving someone whose BAL is a .3...that's pretty hammered."

'Cause God knows, people don't get drunk unless a bartender serves them. /s


48 posted on 04/18/2006 9:32:35 AM PDT by L98Fiero (I'm worth a million in prizes.)
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To: Froufrou

There might be a three-shift mill around there. A few years back, two bars on opposite corners in Trenton had 25-cent beer wars 7-10 a.m.


49 posted on 04/18/2006 9:36:28 AM PDT by jjmcgo (Patriarch of the Occident since March 1, 2006)
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To: CedarDave

It's for anti-alcohol stats purposes, i.e., propaganda. If the guilty driver had been sober this would still have been alcohol-related crash for stats purposes as the not-responsible-for-the-crash dead had been drinking.


50 posted on 04/18/2006 9:38:33 AM PDT by jjmcgo (Patriarch of the Occident since March 1, 2006)
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To: Sam Cree

You are right. There are plenty of totalitarians on this site. Disappoints me greatly. I'm here because I see many of us as standing up for freedom. Some don't.
Lotsa nanny-staters on both sides.


51 posted on 04/18/2006 9:40:38 AM PDT by jjmcgo (Patriarch of the Occident since March 1, 2006)
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To: CedarDave

What a s-t-r-e-t-c-h.

Should we eliminate all grainfields currently in the US? They might be used to produce liquor, after all.


52 posted on 04/18/2006 9:40:58 AM PDT by relictele
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To: jjmcgo

That's the problem with many laws, especially those that regulate personal behavior. They may be well intended and designed to protect the public good, but often power hungry bureaucratic agencies get involved and have the opportunity to abuse individuals and the public as a whole and often do.


53 posted on 04/18/2006 9:48:53 AM PDT by CedarDave
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To: L98Fiero

Soooooo under this set of logics, can we sue the parents of a serial killer?
Can I sue my ex'''''''s parents for the physical and mental damage he did to me in our marriage?
Can I sue the library for having books that show the Timothy McVeigh's of this world how to make something explosive?

This is way over the top, IMO.
They drank too much. They called a cab, which is what all the anti-drunk-driving campaigns have drummed into all of us. Now they are guilty? OF WHAT??????

Need a really good defense attorny on this one, I think. Is there a legal fund being established for the bar owner and the bartender?????


54 posted on 04/18/2006 9:49:21 AM PDT by ridesthemiles
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To: CedarDave

I added Texas to the topics because that state is citing people in bars, even hotel bars where they go to their room after drinking in the bar.""

That is totally riduclous.

The mommy laws are getting way overt the top.

All the little increments: Pretty soon, the frog is in real hot water, etc.....


55 posted on 04/18/2006 9:51:49 AM PDT by ridesthemiles
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To: jjmcgo

If you can't hire a cab to get you home when you are beyond driving legally (which doesn't take much), then I guess the new state position has to be that appointing a designated driver will not help you either.

It doesn't matter that there are arguments in favor of some of the causes for which government power is harnessed, the original premise of this country was that government shouldn't have great power over the people in the first place. Or at least that's what I was brought up to believe. Many years ago in central VA.


56 posted on 04/18/2006 9:52:05 AM PDT by Sam Cree (Delicacy, precision, force)
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To: jjmcgo
A few years back, two bars on opposite corners in Trenton had 25-cent beer wars 7-10 a.m.

Interesting that you would know of this... ;o)
57 posted on 04/18/2006 9:56:37 AM PDT by Froufrou
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To: CedarDave
The goal in these situations is to motivate establishments and patrons to make correct safety decisions that affect others and for themselves. Patrons who are acting to protect others (like calling a cab for themselves) are more likely to also protect themselves.

There is no evidence in the article that the passengers were behaviorally indicating extreme intoxication or that all the alcohol came from that bar or that the alcohol had reached its effect at the bar. Unknowns that outweigh the known. An unwise usage of the law.

58 posted on 04/18/2006 9:59:29 AM PDT by Navy Patriot (Another handgun jumps to the aid of a person in danger.)
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To: ridesthemiles

You wrote:
"Can I sue the library for having books that show the Timothy McVeigh's of this world how to make something explosive?"

McVeigh and Terry Nichols learned bombmaking from Nichols' Muslim friends in the Philippines and McVeigh from the swarthy man he rented the truck with.
Case intentionally bungled by the Clinton administration which sought to blame the VRWC.


59 posted on 04/18/2006 10:03:32 AM PDT by jjmcgo (Patriarch of the Occident since March 1, 2006)
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To: Sam Cree

You said a mouthful! And it's been reported that a man who entered a cab alone when leaving a bar was arrested for public intoxication! The new prohibition, indeed!


60 posted on 04/18/2006 10:12:26 AM PDT by Froufrou
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