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?
"I don't get it."
Here's the deal.
The fine appears to have nothing to do with the fact that these people died.
The fine is simply due to the fact that the State found out that this guy was served drinks wayyyyy after he was obviously drunk, which is a violation of NM law.
The issue before us isn't about a wrongful fine in the death case, but whether the State should fine a bar who serves an obviously intoxicated person.