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Yellow | Jury finds bar liable in Roadway driver's death

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A North Carolina jury found a nightclub liable for serving drinks to a man later involved in a wreck that killed a Roadway tractor-trailer driver, the Winston-Salem Journal reported Dec. 7.

The jury returned the verdict against the Inzone, a nightclub in Kernersville, N.C., in a wrongful-death claim brought by the truck driver's widow, Constance Sue Horn.
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I am glad to see him serving time for his actions, but I disagree with the lawsuit against the bar. It is called personal responsibility, the bar didn't force him to drink that much and then drive.
 
I was also told there was an 18 year old passenger in the car, that was sober, but the driver wouldn't let him drive. DS.
 
You feel bad for family and friends but I must agreee, you shouldn't be able to hold the establishment responsible.
But that is the american way.
Sue or be sued.
 
sarge said:
You feel bad for family and friends but I must agreee, you shouldn't be able to hold the establishment responsible.
But that is the american way.
Sue or be sued.
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We have to remember this is RDWY we are talking about. They want their money for the truck, trailers and the freight.........whatevers left, if they can get anything, can go to the family. DS.
 
Docksteward said:
We have to remember this is RDWY we are talking about. They want their money for the truck, trailers and the freight.........whatevers left, if they can get anything, can go to the family. DS.
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Then sue the man that caused the accident. The bar is not the one that caused it. The man that had too many to drink and had a sober person with him is the one who caused it.
 
You can thank lawyers for that.
I feel for the family that lost the driver, this could happen to anyone of us.

But when you start getting lawyers involved with everything, this is what happens.
I am sure the bar owner had insurance and his premiums will likely go up.
Then this will be passed on to the customers.
So now we all pay.
 
DETrob said:
You can thank lawyers for that.
I feel for the family that lost the driver, this could happen to anyone of us.

But when you start getting lawyers involved with everything, this is what happens.
I am sure the bar owner had insurance and his premiums will likely go up.
Then this will be passed on to the customers.
So now we all pay.
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Don't get me wrong I feel for the family also. You are right it can happen to any one of us.
The problem I have is the thinking that "well lets just sue the business, they must have money to own their own business besides they have insurance". I have sat on a couple of juries and that was the thinking of a couple of the jurors.
Having grown up the son of a business owner many years ago I remember doing without and struggling to get by. The only vacation we could afford was camping and that was very seldom. There were many repairs to the house that had to be put off.
I do agree that part of the problem is the lawyers. But the biggest problem is no one wants to put the blame where it needs to be. As I said before it comes down to personal responsibility, not finding who we can push the blame off on just to collect a fat paycheck.
 
zman said:
Don't get me wrong I feel for the family also. You are right it can happen to any one of us.
The problem I have is the thinking that "well lets just sue the business, they must have money to own their own business besides they have insurance". I have sat on a couple of juries and that was the thinking of a couple of the jurors.
Having grown up the son of a business owner many years ago I remember doing without and struggling to get by. The only vacation we could afford was camping and that was very seldom. There were many repairs to the house that had to be put off.
I do agree that part of the problem is the lawyers. But the biggest problem is no one wants to put the blame where it needs to be. As I said before it comes down to personal responsibility, not finding who we can push the blame off on just to collect a fat paycheck.
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I agree with you. The lawyers always go after the deep pockets. But that young driver will never be able to pay for what he has done and I mean that monetarily.
That kid will get out of prison in a few years and forget all about that driver and his family. It's a shame that this happens but that is were personal responsibility comes in to play.
We are always to eager to put blame on others instead of looking at the real issue.
Thanks for the reply.
 
In the 1992 case of Hart v Ivey, the North Carolina Supreme Court held that a social host can be liable for serving alcohol to a guest who then drives on a public highway and injures a third party. An individual, a business entity, and organization or an employer can be a social host.
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Source is Smith Debnam, L.L.P., Raleigh, North Carolina
I also wish they would hold the manufacturer of the beverage liable also.
P.S. It is not the lawyers doing wrong here in this issue. It is NC Law. Other states have "social host laws" And I 100% support them
 
There was overwhelming evidence in this case. He got convicted for 2nd degree murder in a drunk driving case!!! The two passengers testified the driver "was going to take them to jail or hell tonight" The passengers also begged him to stop, begged him not to drive and let them. So much was told at the trial I can't remember it all. I still have the pictures of the accident.
 
Toxic said:
Source is Smith Debnam, L.L.P., Raleigh, North Carolina
I also wish they would hold the manufacturer of the beverage liable also.
P.S. It is not the lawyers doing wrong here in this issue. It is NC Law. Other states have "social host laws" And I 100% support them
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Social Host


Social host liability: statute or case law that imposes potential liability on social hosts as a result of their serving alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing death or injury to third-parties.

MADD Online: Alcohol-Related Laws - Law
 
Toxic said:

I also wish they would hold the manufacturer of the beverage liable also.
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I'm sorry, I don't see it that way. People directed the planes that flew into the WTC's, don't hold Boeing responsable. Lot's of people every year get killed by guns, do we hold the manufacturers responsable for accidents?? Thousands of people die every year in car accidents, don't hold Ford, GM, Etc. responsable, unless it was faulty equipment. The beer manufacturers produce a product, it's up to us to use it wisely. DS.
 
Docksteward said:
I'm sorry, I don't see it that way. People directed the planes that flew into the WTC's, don't hold Boeing responsable. Lot's of people every year get killed by guns, do we hold the manufacturers responsable for accidents?? Thousands of people die every year in car accidents, don't hold Ford, GM, Etc. responsable, unless it was faulty equipment. The beer manufacturers produce a product, it's up to us to use it wisely. DS.
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I agree with you 100%. It is not the product but the individual. Again personal responsibility, the problem is with todays society it comes down to who can we blame instead.
 
There is one fundamental difference to the examples that were given. The accident was a direct result of the alcohol.
The planes, guns, auto's makes are indirect results. GM would be held accountable if there auto was defective. There are to many restrictions on gun manufacturers now to even mention. The gun has never caused the injury. The person behind it did. The alcohol can and will cause the injury and accident. If I were to adhere to you thinking then we also need to make all the states and federal government give back the billions that have taken from R J Reynolds, Phillip Morris and the other little tobacco manufacturing plants. If you believe what you are saying then they are not responsible for the causes of smoking. I would be. So sue me for billions and not them.
 
Toxic said:
There is one fundamental difference to the examples that were given. The accident was a direct result of the alcohol.
The planes, guns, auto's makes are indirect results. GM would be held accountable if there auto was defective. There are to many restrictions on gun manufacturers now to even mention. The gun has never caused the injury. The person behind it did. The alcohol can and will cause the injury and accident. If I were to adhere to you thinking then we also need to make all the states and federal government give back the billions that have taken from R J Reynolds, Phillip Morris and the other little tobacco manufacturing plants. If you believe what you are saying then they are not responsible for the causes of smoking. I would be. So sue me for billions and not them.
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Hey Toxic, I understand where you are comming from, we just don't agree. I have heard from someone that was in the courtroom this past week that the driver still shows no remorse for what he done, is that still the alcohol's doing?? Not in my opinion. The main thing we should be doing here is remembering our brother and his family. DS.
 
No kidding docksteward, the direct result of the accident was the driver who it seems was not thinking soundly.
I don't care how much he had.
 
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