Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 Nothing like twisting a statement into something that wasn't said, huh Tex? Quote Link to comment Share on other sites More sharing options...
Texsox Posted December 15, 2003 Author Share Posted December 15, 2003 I wasn't replying to any one post in particular, I didn't mean to make it look like I was. The wife has a law suit because we have a law on the books. To get rid of the lawsuit, you need to get rid of the law. Or how else would the law be enforced? Would you send the server to jail for a day, a week, a year? Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 Nothing like twisting a statement into something that wasn't said, huh Tex? DAMN IT!! Stupid customers - I lost the additional post I was writing. Tex - I have nothing but respect for you as a poster, so please don't take anything I say the wrong way. My whole point is that the law is fine - this guy is abusing what this law is supposed to be for - I know, I know talk to my congressmen. This law is supposed to be an added chance at justice for a victim and/or their family, not for an irresponsible person to make a buck, or at least that is how I've heard people (articles I've read about it and times it was used). It just burns me that here is someone who made a mistake and wants someone else to pay for it. To me, if this guys wins anything, it is setting a dangerous precedent. Now I will shut up... Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 I wasn't replying to any one post in particular, I didn't mean to make it look like I was. The wife has a law suit because we have a law on the books. To get rid of the lawsuit, you need to get rid of the law. Or how else would the law be enforced? Would you send the server to jail for a day, a week, a year? Take away the liquor licence...or how they treat stores that sell liquor to a minor. The first time a fine, second time a fine and a suspension and the third time you are out (or that is how it was when I worked at a grocery store about 6 years ago...). Quote Link to comment Share on other sites More sharing options...
Texsox Posted December 15, 2003 Author Share Posted December 15, 2003 DAMN IT!! Stupid customers - I lost the additional post I was writing. Tex - I have nothing but respect for you as a poster, so please don't take anything I say the wrong way. My whole point is that the law is fine - this guy is abusing what this law is supposed to be for - I know, I know talk to my congressmen. This law is supposed to be an added chance at justice for a victim and/or their family, not for an irresponsible person to make a buck, or at least that is how I've heard people (articles I've read about it and times it was used). It just burns me that here is someone who made a mistake and wants someone else to pay for it. To me, if this guys wins anything, it is setting a dangerous precedent. Now I will shut up... Honestly, I wasn't replying to you before, but I do have aquestion for you. Is the wife a victim? Quote Link to comment Share on other sites More sharing options...
southsider2k5 Posted December 15, 2003 Share Posted December 15, 2003 Honestly, I wasn't replying to you before, but I do have aquestion for you. Is the wife a victim? Sure, of her husband's stupidity... Sue him. She would be fine if her husband hadn't been drinking and driving... Quote Link to comment Share on other sites More sharing options...
Texsox Posted December 15, 2003 Author Share Posted December 15, 2003 So I guess the Wild's defense should be "Hey! he only hurt himself, it's not like he killed someone else. Wait until that happens before suing." Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 I was thinking about whether she is or not...and as for my own opinion, I don't know. To sort that out I ask these questions: 1) Does she have dependents? (Kids, parents they are caring for, etc) 2) How much financial support did he provide? 3) Where they happily married or at least a stable marriage - if they were separated, had a pending divorce or something along those lines, I would have to say no, she wasn't a victim unless kids were involved and then they would be the victims not her. 4) Has he been known to be a heavy drinker/alcohlic? If so, I think this completely eliminates 'victim.' I say this being that if my dad ever got into an accident before he dried out, I wouldn't consider my mom a victim because she knew his behaviors and thusly, what could happen as a result - muddled thinking I know... Looking at my questions, I guess it lands me right in the middle about whether she was a victim or not... I guess the courts will let us know what they think soon. Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 So I guess the Wild's defense should be "Hey! he only hurt himself, it's not like he killed someone else. Wait until that happens before suing." I agree the Wild doesn't have a leg to stand on, but I don't think they should have to pay the drunk and his wife. Fine them and revoke their liquor license, or at least suspend it. There has to be a better way than letting someone profit from this kind of 'mistake.' I guess this part of the situation confounds me - people cry about how the government is too controlling over us, but then when we f*** up, we yell, why didn't you stop me! Let me reiterate that I think the law in question is a good think, I just think they need to make an addendum to it saying the drunk driver, themselves, cannot profit using this law as their case. Quote Link to comment Share on other sites More sharing options...
Steff Posted December 15, 2003 Share Posted December 15, 2003 That would mean he was taking responsibility for his actions. I understand that there should be some form of punishment for the establishment for serving him when he was in that condition, but from what I understand of the law referred to several times in this thread, the law was made for those who were victims of the drunk, not for the drunk himself/herself. I would still like to know why this man should be allowed to make bank on his own inability to be a responisble adult... The law is in place to hold the establishment liable if they allow you to drink too much. Otherwise.. there'd be a lot more deaths. And to be factual.. it's not him that is suing. From what I understand he doesn't do much of anything these days, and will likely not "benefit" from any monetary reward. Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 Sure, of her husband's stupidity... Sue him. She would be fine if her husband hadn't been drinking and driving... Very good point. Quote Link to comment Share on other sites More sharing options...
Texsox Posted December 15, 2003 Author Share Posted December 15, 2003 1. Certainly she now has a paralysed husband she is legally responsible for. 2. Would be considered in determining damages. Projected lifetime earnings vs. what he could earn in his present condition. 3. Even if separated, she still is responsible. Happiness won't but legal status would play in an award. 4. I'm not certain how the Wild would be less responsible if the guy was an alchoholic except that he would have been better at hiding how drunk he was. But since they kicked him out for his behavior he didn't hide it too well. How pissed would you be if you knew a bar kicked out your (insert loved one here) because he/she was too drunk. Knowing he/she probably lived a considerable distance from the bar. (how many people are at a Hawks game ~and~ live near the stadium. I guess we are looking at legally a victim or emotionaly a victim. I believe she deserves the same protection under the law as the wife of someone he may have killed. Full disclosure. Some of you know my brother died while driving drunk. The bar, after serving him 6 pitchers of beer in two and a half hours, served him close to 10 shots in the next hour before helping him out the door. They only had 22 people in the bar at the time with 2 bartenders and 3 waitresses. Anyone that tells me my mom and dad aren't victims because they were related to him has no clue. These laws are in place to protect us from ourselves. Just like motorcycle helmets, seatbelt laws, etc. Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted December 15, 2003 Share Posted December 15, 2003 Full disclosure. Some of you know my brother died while driving drunk. The bar, after serving him 6 pitchers of beer in two and a half hours, served him close to 10 shots in the next hour before helping him out the door. They only had 22 people in the bar at the time with 2 bartenders and 3 waitresses. Anyone that tells me my mom and dad aren't victims because they were related to him has no clue. These laws are in place to protect us from ourselves. Just like motorcycle helmets, seatbelt laws, etc. I remember you mentioning this about your brother (not all the details, just the drinking and driving). Full disclosure for me: 1. Thursday marks the 25th anniversary of the death of my uncle - he was killed by a drunk driver. The other guy walked away without so much as a scratch. I was only 2, but as I got older, I became more and more angry about it because I never had the opportunity to meet him and I hear he was a great guy. For awhile I made up a fantasy in my head that he wasn't dead, just went away and that he would show up sometime to see my family. 2. My father was a drunk for the first 21 years of my life and if, and I thank the Lord every day he didn't, he had hurt my himself or someone else, I wouldn't have considered myself a victim of the establishment that served him, but a victim of his selfishness. I guess you could say I was lucky...not the right work, but the best I can come up with...that the places he frequented for the most part were 2 blocks away. I dealt with the embarassment of him walking...stumbliing, falling down, getting up to repeat that process until he got home every weekend. I would also stay up and sit in the window watching to make sure he and the family station wagon got home in one piece - not because I would have cared if he was hurt, I didn't want him to hurt anyone else. I've forgiven my dad, life is too short to hold the anger - I decided to take the time God has given my family and cherish it...not an easy conclusion to come to, but a necessary one. Quote Link to comment Share on other sites More sharing options...
cwsox Posted December 15, 2003 Share Posted December 15, 2003 I appreciate the honesty with which this conversation has gone and full disclosure, I have buried people on all sides of this equation and workm in a law office' as Steff said, every state has dramn act laws - Texsox has told us movingly about why - Fanof14 points to responsibility, and has told us movingly why - now unless Minnesota's laws are very different and I doubt that, anyone can file a suit - that is a freedom assumed in the Bill of Rights - the spouse has filed suit as is her right - if the sports franchise and/or alcohol server are found liable, the next step is to apportion responsibility and then all the factors are brought in - did the Wild have a policy on serving people visibly intoxicated, did the server just sell to a drunk for the profit, did the wife have any reason to know her husband was a sports binge drinker, the guy himself what was his role was he bombed or over-drink knowingly - when the details of this particular case are examined, the judge (probably a judge, maybe a jury) can find that given the facts in this case, each party is % responsible and so any financial award after liability is determiend will be the % to which responsibility is found for each party Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.