Alcohol Negligence Lawsuit & News Blog

California Woman's Workers' Compensation Nightmare

Mon, 21 Apr 2008 13:25:41 -0400

In September 2003, Jennifer Smith, a 20-year-old receptionist in Manteca, Calif., was delivering letters to the post office, a task she performed every day. But on this day, Smith's car was broadsided by a drunken driver who was traveling more than 70 miles per hour. The drunken driver's blood alcohol level was three times the legal limit.

Smith suffered massive injuries in the crash that will affect her for the remainder of her life, including a broken pelvis, a fractured jaw and chronic pain. She still requires multiple doctor's visits every week. However, after five months of treatment, the third-party administrator handling her workers' compensation case stopped paying her medical claims.

"They are treating her like a criminal, but she's a victim, and that needs to change," said David Johnson, Smith's husband.

Some say Smith's case is far too typical in California and is indicative of a dysfunctional workers' compensation system in the state.

"The doctors have told me I can't ever hold a full-time job. What am I supposed to do? I want to have children. I want to own a home. I just want to live. I'm really worried," Smith said.

Notes on Underage Drinking: Are Your Children Sober?

Fri, 21 Dec 2007 07:21:42 -0400

Did you know...?

Mixing alcohol and energy drinks causes increased injuries.
College students often mix alcohol with energy drinks so that they can drink more and longer, a strategy can lead to more alcohol-related injuries.
Wake Forest University School of Medicine researchers found that students who mixed alcohol and energy drinks likely had double the risk of being hurt or injured, requiring medical attention, driving with an intoxicated driver, being taken advantage of sexually, or taking advantage of another sexually.

Did You Know...?

Some of the most popular gifts for holiday exchange between youth this season may be drinking games aimed at college-age drinkers?
Teens that drink alcohol tend to have opposite-sex friends who do the same, and girls may be particularly vulnerable to the influence of their friends, states a recent report in Science Daily.
Alcohol is a drug. Alcohol is also the number one drug of choice for teens.

Did You Know...?

Parents often underage drinking is discounted as a "right of passage".
Parents can be effective in reducing the use of alcohol by youth under 21 by using a number of environmental strategies, such as preventing access of alcohol to youth, creating clear, and consistent no-use messages.

You Should Know that...

Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.
Dram shop liability refers to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties-those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents.
The laws are intended to protect the general public from the hazards of irresponsibly serving alcohol to minors and intoxicated patrons.
Serving alcohol to minors is illegal in all 50 states. Many states impose liability on bars for serving minors who subsequently injure themselves or others in order to deter the illegal practice of serving minors alcohol.

Social Host Liquor Liability

Mon, 30 Jul 2007 15:21:26 -0400

The Appeals Court ruled that a person hurt by a drunk driver could not sue the driver's drinking companions under a theory of social-host liability. The injured plaintiff argued that because the driver and his friends drank together on a weekly basis and took turns picking up the bar tab, the group was essentially a drinking club where each member was responsible for ensuring that fellow members did not pose a threat to public safety.

The Appeals Court disagreed, affirming a trial judge's summary judgment for the defendants.

It cannot reasonably be argued that the common practice of going to eating and drinking establishments with companions, each participant paying a fair share of the charges, imposes social host liability on each member of the group in the event one individual visibly drinks to excess and causes damage afterward.

The Appeals Court is sending a message that, in a restaurant or bar setting, friends, and companions should not be held legally responsible for being generous by picking up the tab.
The idea that someone buying a round would make him legally liable always struck me as just wrong. It's the bartender's job to make a judgment as to whether a customer should be drinking. The Superior Court and the Appeals Court are both saying, this be an issue for bartenders.

On the evening in 2001, four friends met for drinks. For the prior 18 months, the foursome met regularly at various establishments for after-work drinks on Fridays. During that time, they developed an informal system of rotating payments, where each person would take turns paying the bill. If that didn't happen, they would divide the bill equally regardless of the amount each person ordered. Over a period of 4 hours, John Doe consumed four or five hand poured rum and coke drinks served in 15-ounce glasses.

After four hours, one of the friends paid the tab. Then John Doe and friend ordered yet another drink, this time with whiskey. Later that evening, John Doe drove his vehicle in the wrong direction on the southbound portion of Route 95 in Wakefield. He struck a vehicle driven by the plaintiff, causing serious physical injuries.

On appeal, the plaintiff contended that the friend was a social host because he entertained the others by paying for the drinks. The plaintiff also maintained that the foursome's payment arrangements rendered them essentially hosts. The plaintiff argued that since the defendants knew John Doe was intoxicated, they had a duty to take reasonable steps to ensure he did not pose a threat to the public.
The Appeals Court rejected those arguments as too broad. As the judge explained, sharing the check is not the same as being a host.

A true host in a practical sense owns or provides the liquor served to guests, and consequently is in a position to cut off that supply in the event that he observes that a guest is becoming intoxicated.
(Source: Massachusetts Lawyer Weekly)

Drunk driver leaves friend injured

Fri, 29 Jun 2007 10:11:36 -0400

A Wisconsin man was allegedly driving drunk when he caused a crash that left a friend seriously injured. The crash occurred after a 20-year-old man ran a stop sign at about 11 p.m.

After running the stop sign, the man's vehicle entered a northeast ditch, striking a large dirt pile and rolling at least once before coming to rest upright. A 21-year-old male passenger was not wearing a seatbelt and was thrown from the car as it rolled. He was found unconscious near the vehicle and taken by medical helicopter to the hospital where he was placed in the intensive care.

The driver was slightly injured but declined medical attention. He will be charged with driving while intoxicated.

http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20070624/SHE0101/706240496

Police officer injured by drunk driver

Fri, 22 Jun 2007 10:13:45 -0400

Philadelphia--It happened around 2 a.m. when two cars collided, seriously injuring both drivers. Medics transported the accident victims to the hospital where the police officer is in guarded condition. The police officer does not remember the accident having suffered a severe concussion. The condition of the other driver is unknown. Source: http://abclocal.go.com/wpvi/story?section=local&id=5084611

Madd's Drunk Driving Campaign Gains Momentum

Wed, 20 Jun 2007 10:12:39 -0400

Mothers against Drunk Driving (MADD) announced significant state legislative victories in Arizona and Illinois that mandate alcohol ignition interlocks for all convicted drunk drivers, moving one step closer to its goal of a drunk-driving free America. The legislative progress is part of a bold new offensive in the war against drunk driving -- MADD's Campaign to Eliminate Drunk Driving, launched in November 2006.

As part of MADD's Campaign to Eliminate Drunk Driving, we will continue to work nationwide until every state does what Arizona and Illinois have done."
MADD is also calling for congressional hearings to develop a comprehensive strategy built upon solutions proven to work. The Campaign to Eliminate Drunk Driving has four elements: full implementation of alcohol ignition interlocks for all convicted drunk drivers, intensive high-visibility law enforcement, development of advanced vehicle technologies to prevent drunk driving and grassroots support led by MADD and its 400+ affiliates.

The need for the Campaign to Eliminate Drunk Driving has been underscored by a recent federal report showing that drunk driving deaths are at their highest point since 1992.
According to the National Highway Traffic Safety Administration, fatalities involving a driver with a .08 blood alcohol content or higher rose from 13,613 in 2005 to 13,990 in 2006, representing almost a 3 percent increase. At the same time, overall traffic fatalities were down slightly by 0.3 percent.

MADD's aggressive legislative strategy aims to strengthen drunk driving laws in all 50 states. Last month, the Arizona legislature and Governor took a bold step for public safety by mandating alcohol ignition interlocks for all convicted drunk drivers. The Illinois legislature also passed interlock legislation last month, which awaits Governor Blagojevich's signature before becoming law. Louisiana, New York, Michigan, Ohio, and Pennsylvania are actively considering interlock laws.

An alcohol ignition interlock is a breath test device linked to a vehicle's ignition system. When a driver wishes to start his or her vehicle, he or she must first blow into the device. The vehicle will not start unless the driver's alcohol level is below a pre-set blood alcohol content (BAC).

http://www.theautochannel.com/news/2007/06/20/052533.html