(The ABQ Journal is now free again though you have to watch a short advertisement before going to the article)
This is the strangest story I've heard in a long time. I'm not sure I follow the logic, much less the law.
We had a local pub sued for serving to a guy who caused a death. Problem was, he was only .07 BAC when the accident happened, and the law was .10. (.08 now)
They finally got it beaten, but it broke'em
I don't get it.
If the guys had taken the cab because their feet hurt, would the shoe manufacturer have been sued? What possible difference does it make why they took the cab?
Seems to be one hell of a disconnect between cause-and-effect here.
Backdoor prohibition. You can't outlaw booze but you can outlaw everything related to it thereby making criminals out of ordinary citizens.
Wait...
So the victims (who were passengers, not drivers) were drunk, and that's why the bar that served them is getting sued?
Unreal.
So what's the bodily injury charge about? Injuring [failing to kill himself] in the crash?
o.o8 is twice the legal limit??? NM has a .04 DWI law?? That is only one or two beers.
Dont Drink and Ride in Cabs!
I fail to see where the bar or bartender is being held responsible for the crash. They are being held responsible for serving alcoholic beverages to two individuals who, under applicable law, shouldn't have been served.
I think people are missing the point here because its burried in the article:
"The division had previously cited the Horse & Angel Tavern for over-serving Gabriel Gurule, the driver of the vehicle that crashed into the cab. Toxicology tests showed Gurule's blood-alcohol content was more than twice the legal limit of 0.08 percent. Gurule pleaded no contest in March to three counts of homicide by motor vehicle and one count of great bodily injury."
The bar had also over-served the guy who ultimately killed the other two, I think the cops are just throwing every thing they can at them to make sure something sticks.
oh good grief! Lunacy! why don't they just dig up the dead cab riders and fine them too!!!
ping
I'm not so sure a bartender should be serving someone whose BAL is a .3...that's pretty hammered.
Oh, I think COngress should investigate. We can't have drunk people calling cabs.
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.
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.
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.
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.
Remember where we live. Nothing is too strange for NM.