Court: Taverns liable for drivers who drank elsewhere

[rev214]

How NJ judges view personal responsibility...THERE IS NONE!
Blame the middle-man...blame the other guy...

Court: Taverns liable for drivers who drank elsewhere
Associated Press

NEWARK, N.J. - Bartenders can be responsible for drunken drivers who visited their establishment, but did not have any alcohol there, a state appellate court ruled Thursday, in a decision that lawyers said expands the duties of tavern operators.

In a unanimous decision, the three-judge panel found that the estate of a man killed when his drunk friend drove off the Garden State Parkway can sue the Cape May bar they visited before the accident.

The driver, Frederick Nesbitt III, was 19 at the time and wasn't served alcohol at the bar, but had been drinking beforehand with the friend, James A. Hamby, 21.

Both were rowdy before leaving the C View Inn the evening of Sept. 3, 2003, their friends testified, although not all agreed that both were drunk.

At the time, Hamby's license was suspended for a drunken driving conviction. He bought a 12-pack or 18-pack of beer, as well as a pint of rum, and the pair began drinking in Nesbitt's car, and later with friends, before getting to the C View Inn for their regular Wednesday "Wing Night" gathering.

A server recalled bringing the five-person group three or four pitchers of light beer, but said she knew Nesbitt from high school and that he was underage, so only brought him soda.

Nesbitt, however, testified at his deposition that Hamby twice spiked Cokes ordered by Nesbitt by placing the glass beneath the table.

After the crash, Nesbitt's blood alcohol level was found to be .199, about twice the legal limit.

The court also determined that "if employees of the Inn recognized or should have recognized Hamby's intoxication as the result of the visible manifestations of his condition that we have described, the Inn had a duty to protect him from foreseeable injury as the result of an automobile accident by insuring that he did not drive and that he did not ride as a passenger with a patron who was similarly impaired."
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The ruling reverses a trial judge who dismissed the lawsuit and sends the case back for trial. The appellate panel said a jury should determine whether the C View Inn has any liability in Hamby's death.

Nesbitt was also sued and settled through his insurance carrier for about $50,000, said the lawyer for Hamby's estate, R.C. Westmoreland. Nesbitt pleaded guilty to vehicular homicide and began serving a five-year prison term in 2004.

Westmoreland applauded the ruling, calling it a "great breakthrough."

"A bar that is expert in spotting intoxication, and has patrons that are drunk as skunks, it just can't let them get on the road and kill someone," he said. "They now have an obligation, when they see obvious intoxication, to do something."

The lawyer for the C View Inn, Terence M. King, disagreed with the ruling, but also viewed it as an expansion of the state's so-called Dram Shop Act. He said no decision has been made on whether to appeal the decision to the state Supreme Court.

[fultonCoShooter]

NJ court??!!! well theres your problem

[larrymeyer]

Do you as the bartender flag everyone at a table because one person is Drunk ?

[knight0334]

This is why we need to rid ourselves of civil actions other than actual loss/damage of property or actual medical expenses.

Everyone wonders why insurance is so high these days - its because of BS lawsuits.

Elect me King and this kind of crap will end.

[Lucky111]

NJ court??!!! well theres your problem

Don't for a minute think Penna. is any different, I have seen this happen 15 - 20 years ago locally. This is why you must have a good doorman and well trained wait staff. No minors in establishment without parent during food hours, no minors period after kitchen closes or 9 PM, and you still have to be lucky. (in that bussiness 15 years) no law suits.

[larrymeyer]

It's like I can't take care of myself please someone be my Mom and tell me whats right. BS I'm not your keeper you are

[reels18]

How can a judge in New Jersey keep up with all of the new laws they pass daily?

I have family in Jersey and still wish for a tsunami.