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  #1  
Old 10-31-2005, 11:19 AM
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Join Date: Oct 2005
Posts: 3

New York Dram Shop

What is the name of your state? New York

Patron says they got drunk at club.
Club has insurance.
Patron has witnesses to say owner purchased drinks at end of night after closing for birthday.
Patron leaves club and has car accident killing passenger in back seat (no seatbelts, driver legally intoxicated).
Perhaps they were at club (not disputing this very crowded) but no employees (3) can recgonize them and the owner did not buy anyone drinks but was present that night hanging out in the downstairs of club all night watching TV at another closed bar of the club.
Club is being sued currently by estate.
Question: Can the owner be sued personally (home and bank accounts), or are they limited to just the insurance claim? I know the witnesses are lying but what if they can sue owner what is the chances of winning?
  #2  
Old 10-31-2005, 11:56 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by AceMast
What is the name of your state? New York

Patron says they got drunk at club.
Club has insurance.
Patron has witnesses to say owner purchased drinks at end of night after closing for birthday.
Patron leaves club and has car accident killing passenger in back seat (no seatbelts, driver legally intoxicated).
Perhaps they were at club (not disputing this very crowded) but no employees (3) can recgonize them and the owner did not buy anyone drinks but was present that night hanging out in the downstairs of club all night watching TV at another closed bar of the club.
Club is being sued currently by estate.
Question: Can the owner be sued personally (home and bank accounts), or are they limited to just the insurance claim? I know the witnesses are lying but what if they can sue owner what is the chances of winning?

Q: Can the owner be sued personally (home and bank accounts), or are they limited to just the insurance claim?

A: Yes. But will they win? See next answer.


Q: I know the witnesses are lying but what if they can sue owner what is the chances of winning?

A: 50-50.
__________________
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(1) Never tell everything you know.
  #3  
Old 10-31-2005, 02:36 PM
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Join Date: Aug 2004
Location: Atlanta
Posts: 697
This sounds like homework......
  #4  
Old 10-31-2005, 02:57 PM
Senior Member
  
Join Date: Sep 2004
Posts: 1,923
Quote:
Originally Posted by jpritchett81
This sounds like homework......
It very well may be. The post is a little too specific and clear when compared to the posts of the normal yahoos that post these things...
  #5  
Old 11-01-2005, 10:30 AM
Junior Member
  
Join Date: Oct 2005
Posts: 3
I promise you not homework.
What is the time limitation for this?
This happened 2.5 years ago.
Should owner trust insurance attorney?
Should he be willing to take a polygraph?
What would be the reason why plantifs would NOT pursue this personnally?
Is there any advice for the owner?

Thanks
  #6  
Old 11-01-2005, 10:37 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Q: What is the time limitation for this?

A: For what; be more specific.



Q: Should owner trust insurance attorney?

A: I do not trust insurance companies or lawyers who work for insurance companies; you do what you like.


Q: Should he be willing to take a polygraph?

A: Who is "he"?


Q: What would be the reason why plantifs would NOT pursue this personnally?

A: Ask the plaintiffs.



Q: Is there any advice for the owner?

A: Get a lawyer.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #7  
Old 11-01-2005, 10:53 AM
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Join Date: Oct 2005
Posts: 3
"Q: What is the time limitation for this?

A: For what; be more specific."

Isn't there a time frame in which they have to file suit aganst the owner, or they forfiet the right to sue the owner?


"Q: Should he be willing to take a polygraph?

A: Who is "he"?"

The owner is accused of buying drinks for the driver. Bold face lie, should he (owner) take a polygraph to dispute this?


"Q: What would be the reason why plantifs would NOT pursue this personnally?

A: Ask the plaintiffs."

I'll take that as sarcasim. How about this, do they sometimes not pursue personally in these cases?



"Q: Is there any advice for the owner?

A: Get a lawyer."

Get an attorney now or if they sue him?

Thanks again
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