On October 26, 2016, Max Holloway, son of ex-football player Brian Holloway, was driving home from a night of drinking when he lost control of his car and crashed into a nearby home. He died in the accident. Soon after, Max’s parents filed a lawsuit against the restaurant that their son had been drinking at on the night of his death. They were suing the restaurant for serving their son even though employees knew he had an addicted to alcohol and dram shop laws enabled them to file this lawsuit.
Dram shop laws hold establishments that sell alcohol such as bars or restaurants accountable if their patrons are harmed or cause damage. Although their severity and limitations vary, 41 states have some sort of dram shop law. Dram shop laws can inflict
Though the Kuehn v. Pub Zone and Soldano v. O’Daniels cases both involve attacks in a bar, one case rules in favor of the injured plaintiff and the other in favor of the owner-defendant. These rulings may initially seem contradictory, however, once the stories and the environments surrounding the attacks become clear, it becomes more obvious that one of the establishments holds more of a responsibility when it comes to the safety of their patrons. In the case of Kuehn v. Pub Zone, customer, Karl Kuehn, was assaulted in the bathroom of an establishment known to be frequented by a violent biker gang. The biker gang and its violent outbursts had become such a regular occurrence that a sign was even posted prohibiting entrance to the bar while wearing gang colors. On the day of Mr. Kuehn’s assault, members of the biker gang, wearing their gang colors, pushed passed the bouncer and entered the Pub Zone. Instead of calling the police or refusing service, the bartender decided to serve the group a drink, not only failing to enforce the Pub Zone’s own established rule, but also acting against it. This places the Pub Zone at fault for
On December 7, 2009, Kenneth Dascoli was at the home of his ex-wife with his current girlfirend, his ex-wife’s friend, and Dascoli’s half-brother. Dascoli and his half-brother consumed a significant amount of alcohol when a verbal argument developed. The argument escalated and Dascoli’s brother
I can still remember the day, June 2, 2013, my cousin took his own life due to alcohol. This is not the first time alcoholism has taken a family member from my family. I lost my uncle ten years ago to the same things, but running his truck into a tree. Like Scott Russell Sanders’ my family has suffered from the pain and disease that alcohol causes. Although Sanders’ case was much different than mine, my families is more unknown until all of a sudden one of my family members is gone. In Sanders’ essay, “Under the Influence: Paying the Price of my Father’s Booze,” he discusses how it was growing up around him, his father’s life being taken, and his life now.
2. Facts: On July 2016, a group of six people, including Captain Eric Wilson, was in Fort Collins heavily drinking at a friend’s bachelor party. Captain Wilson broke into an SUV that he believed to be one of his friend’s, Mike. After waiting for Mike for some time, Captain Wilson decided to hot-wire the car and drive home. While driving home, Captain Wilson was intoxicated to the point of swerving and killing an innocent bicyclist. After getting out of the vehicle
After leaving the party Mangum got into a dispute with Pitman. Pittman pulled har car over into a parking lot and got assistance from a security guard with removing Mangum from the car. The guard relized Mangum was intoxicated and called the Durham Police. Police
David Riley was pulled over on August 22, 2009 for driving with expired tags. Riley’s license was suspended and therefore, the car had to be impounded. Upon impounding the car it was searched, and its contents cataloged. When searching the car, police found two guns and added the charge of carrying a firearm to Riley’s offence. Riley also had his cell phone. The gang unit detective searched his phone and found evidence connecting Riley to gang activity. They also found evidence connecting Riley to a recent shooting of a car that belonged to a member of a different gang. Evidence on his phone, along with ballistic tests, indicated that Riley was involved in the shooting of an occupied vehicle. Riley was charged for shooting the vehicle, attempted murder, and assault with a deadly weapon and sentenced to 15 years to life in prison.
The death of Tim McLean in 2008 on the Greyhound bus in Winnipeg was an absolute tragedy, the details of course absolutely horrendous. Vince Li, now known as Will Lee Baker, was considered to not be criminally responsible on account of his schizophrenia. There was of course a lot of public drawback at that decision at the time, including the victim's family. Recently Will Baker was granted an absolute discharge, which allows him to effectively become a full member of society again, though he has volunteered himself for inspections to ensure he continues his medication. This has led to quite a bit of controversy as many believe he should be jailed or executed for the death of Tim McLean. McLean's family has been fairly outspoken against the
The U.S. Supreme Court Graham v. Connor was about a man named Mr. Graham, who was a diabetic. He felt like he was about to have a diabetic attack because his blood sugar was too low. Mr. Graham decided to contact his friend Berry over the phone to ask if he could drive him to the convenience store to buy some orange juice. He felt that if he drank some orange juice that it would mitigate the reaction. Subsequently, Graham and Berry came into view of the convenience store, and Graham hastily got out of the car. Sadly there was a long queue in the checkout line. Graham worried that he would get worse and since he couldn’t wait that long, he decided to go back to the car. He told Berry to take him to another acquaintance’s home to see if he could get some orange juice to ease the insulin. Waiting casually outside of the convenient store was Officer Conner. Conner had observed Graham go in and out of the store and sensed that something was not quite right. The...
The mothers against drunk driving and their foundation have saved over 300,000 lives to date with their growing foundation and implemented laws. In the beginning of their road to success, M.A.D.D.’s mission statement was “to aid the victims of crimes performed by individuals driving under the influence of alcohol or drugs, to aid the families of such victims and to increase public awareness of the problem of drinking and drugged driving." (MADD,1) When M.A.D.D. came together in 1980, they were originally called the mothers against drunk drivers, however, as time moved on they changed their name to the mothers against drunk driving and stated that they were opposed to the crime of drunk driving, not the individuals that committed the crime. In 1999, M.A.D.D. h...
In Corsicana, Texas Cameron Willingham and his family’s home was burned down the twenty-third of December is 1991. According to the report Cameron was asleep when the fire started and survived the accident with only a few injuries, as for his children they were not so lucky, they lost their lives to the tragic accident. At the time of the accident Cameron’s wife was buying presents for their children for Christmas. According to a witness and her Daughter Diane and Buffie from a few houses down went outside and saw Cameron screaming, “My babies are burning up!” Diane and Cameron tried countless attempts to rescue the girls from their room until the fire department could get there. According to the New Yorker “The house, in short, had been deliberately transformed onto a death trap.” According to the reports on December twenty-fourth and twenty-seventh of 1991 the fire was declared arson and they later decided to conduct a criminal investigation. Cameron was questioned by the investigators on December 31st and was then later arrested on January 8th of 1992 for the death his three daughters.
“Death of Baruch College Freshman in Hazing Ritual Ruled a Homicide”, was the headline of the NY Daily News on February 14, 2014. According to the NY Daily News about 30 fraternity members were at a Pocono Mountains rental home on December 8th when Michael Deng died of severe head trauma after he was repeatedly tackled in a frozen backyard while blindfolded and lugging 20 pounds of sand in a knapsack playing the so-called “glass ceiling” game with his brothers. The hazing death is now officially a homicide with plenty of suspects, but as of February 14th there has not been a single arrest.
Dan was involved in the Cement truck incident where 5 family members were killed. In 2007 a cement truck driven by an erratic enraged driver rolled over a vehicle stationary at a red light instantly crushing and killing all the occupants of the vehicle including 3 young children aged 16 months, 6 and 9 years old. After the
Grey, Madison. “The Affluenza defense: Judge rules Rich Kid’s Rich Kid-ness makes him Not Liable for Deadly Drunk Driving Accident”. Time.com. Web. 1 may 2014.
The case of the State of Florida vs. Chad Heins happened in 1994 in Mayport, Florida. It was on April 17, 1994 that Tina Heins, who was pregnant at the time, was found stabbed to death in her apartment. She shared an apartment with her husband Jeremy Heins and Jeremy’s brother Chad Heins. At the time of the incident Jeremy Heins was on a ship because he worked in the navy but Chad Heins was at the apartment. Before the incident happened Chad Heins, the defendant, who was nineteen at the time, used his brothers license to buy alcohol at a strip club near the apartment. After that Chad Heins had went to another bar where his brothers license got confiscated. He left the bar around 12:45 a.m. and went back to the apartment. He then washed his
There have been five principal cases of corporate manslaughter brought to trial before the CMCHA, and only one of them resulted in a successful prosecution. This was a direct consequence of the fact that Peter Kite – owner of OLL Limited – was directly in charge of the activity centre where four teenagers died in the Lyme Bay canoeing tragedy of 1993.