RIP Josh Hancock
Moderator: TyCobb
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skitch815
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This seems to be one of those cases where you file suit against everyone and anyone and hope someone settles. You throw enough crap against the wall and some of it is bound to stick.
I have worked as a bartender, as Im sure others here have, and I know its hard to tell sometimes where to draw the line. What is considered overserving? I dont know how things are in Missouri, but I know in Wisconsin the Tavern League has a lot of power within the state politically and I know they work hard to assist bars/restaurants that are in situations like this so as to avoid setting a legal precedent.
I have worked as a bartender, as Im sure others here have, and I know its hard to tell sometimes where to draw the line. What is considered overserving? I dont know how things are in Missouri, but I know in Wisconsin the Tavern League has a lot of power within the state politically and I know they work hard to assist bars/restaurants that are in situations like this so as to avoid setting a legal precedent.
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Ex-hippie
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I believe that what Hancock's father is doing is relatively standard in estate situations. As executor, he has a fiduciary duty on behalf of the estate, and he has to pursue all potential legal claims. If he doesn't, he's putting himself at risk. These will probably run their course and be dismissed, but at least the father will be able to say he did everything he could on behalf of the estate. So let's not mock him just yet.
And it is an interesting legal issue. Missouri does have a dram shop law, and the standard is if the patron shows "significantly uncoordinated physical action or significant physical dysfunction." But I'm not sure dram shop laws are supposed to give rise to liability to the patrons themselves, as opposed to innocent third parties. The language cited in the article says that Hancock "regularly became visibly intoxicated," which sounds to me like they're getting at a common law negligence claim.
To share my personal experience, I had my parked car rear-ended and nearly totaled by someone whose BAC was .27, over three times the legal limit. I believe .30 is considered alcohol poisoning and .40 is what they call "LD50," or a lethal dose for 50% of the population (i.e., 50% of all people who let their BAC get that high will die from it). Oh yeah, he also tried to hit-and-run, and he has no insurance, so I'm trying to get my $500 deductible from him. The police report notes that my car was legally parked -- but if it hadn't been, I wonder if this guy would be trying to sue me like Hancock's father is suing the tow truck driver! Anyway, I don't feel particularly vindictive towards this guy; mostly I'm just thankful that all he hit was a parked car with no one in it... but he is, in fact, a total loser, and I sure as hell want my $500.
And it is an interesting legal issue. Missouri does have a dram shop law, and the standard is if the patron shows "significantly uncoordinated physical action or significant physical dysfunction." But I'm not sure dram shop laws are supposed to give rise to liability to the patrons themselves, as opposed to innocent third parties. The language cited in the article says that Hancock "regularly became visibly intoxicated," which sounds to me like they're getting at a common law negligence claim.
To share my personal experience, I had my parked car rear-ended and nearly totaled by someone whose BAC was .27, over three times the legal limit. I believe .30 is considered alcohol poisoning and .40 is what they call "LD50," or a lethal dose for 50% of the population (i.e., 50% of all people who let their BAC get that high will die from it). Oh yeah, he also tried to hit-and-run, and he has no insurance, so I'm trying to get my $500 deductible from him. The police report notes that my car was legally parked -- but if it hadn't been, I wonder if this guy would be trying to sue me like Hancock's father is suing the tow truck driver! Anyway, I don't feel particularly vindictive towards this guy; mostly I'm just thankful that all he hit was a parked car with no one in it... but he is, in fact, a total loser, and I sure as hell want my $500.
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