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(Fox News)   Old and busted: Families of those killed by drunken drivers suing the places that served them. New hotness: Drunken driver suing the places that served him, and his drinking buddy, since it's their fault he's in jail   (foxnews.com) divider line 64
    More: Dumbass, New Mexico, Albuquerque Journal, Navajo, bus drivers  
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2314 clicks; posted to Main » on 09 Mar 2013 at 1:01 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-03-09 01:03:39 PM  
Yes, it totally is. They forced the drunks to drink.
 
2013-03-09 01:04:02 PM  
Personal responsibility is truly dead.  I'll drink to that!
 
2013-03-09 01:05:55 PM  
I predict that this thread will make it very, very easy to pick out the Farkers who have never had a mixology permit.
 
2013-03-09 01:06:32 PM  
So, should I not judge this guy lest I be judged?

Is that how that works?
 
2013-03-09 01:06:52 PM  
Hanging is too good for them.
 
2013-03-09 01:09:00 PM  
Del Lynn Peshlakai, 19, and her sister Deshauna, 17 -- from the Navajo reservation.

Old and busted: Crazy black names. New hotness: Crazy Indian names.
 
2013-03-09 01:09:39 PM  
Sounds like they're on the warpath over firewater.
 
2013-03-09 01:11:32 PM  
This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.
 
2013-03-09 01:15:33 PM  
Sounds as if he was still drunk at the time of the suit filing.
 
2013-03-09 01:16:03 PM  
Didn't read the article, but they may actually have a case because it's illegal to serve alcohol to visibly intoxicated people. It is the bar's responsibility to stop serving the drunks.
 
2013-03-09 01:18:38 PM  
FTA:

"The lawsuit, filed by Ruiz without a lawyer, claims the restaurants and his friend caused Ruiz emotional distress due to the loss of liberty and enjoyment of life after he was served drinks in 2010. "



Wonder why an ambulance chaser didn't want to jump on that.

Seriously, BFD.  The lawsuit is filed, and it's probably gonna be bounced out of court without so much as a hearing.  Just another false flag flown by Faux and Friends to institute blocks on the rights of people legitimately harmed by big business from seeking redress in a civil court.
 
2013-03-09 01:18:40 PM  

The My Little Pony Killer: I predict that this thread will make it very, very easy to pick out the Farkers who have never had a mixology permit.


There are such things as a "mixology permit"?

Meh - I've been cut off before. Once when I sort of fell asleep in a bar - totally understandable and once when I was acting perfectly sober - not understandable. I've also seen other people cut off - because they were incredibly wasted and in at least one case acting like a total biatch.

But I've been drunk in bars plenty of other times and they were more than happy to keep bringing me drinks.

Maybe it's different where you live (it must be with those "mixology permits") but I've lived in a number of different places and generally if your credit card isn't declined - or you're paying cash - and you're not being an asshole, they will keep serving you no questions asked no matter how drunk you get. They can probably even tell you're drunk and watch you walk out to your car parked in the lot and not say anything.

I can sort of see the logic though. If you're too drunk to drive it should be readily apparent to the bar staff and they probably should cut you off. I think most states actually have laws against serving people who are already wasted.

I just wish they'd go after people who drive like assholes regardless of their BAC.
 
2013-03-09 01:18:47 PM  
I doubt that he will win, but if he does the money should go to the family of the sisters he killed.
 
2013-03-09 01:19:20 PM  
Here in NV, we have a specific law prohibiting these kinds of cases. It was created to benefit the casino industry, but it fully puts the responsibility of drinking on the drinker. The rationale is if somebody hits the strip and causes an accident, who do they sue? The first casino, the last casino, it made no sense when the responsibility was the drinkers.  If you don't like these kinds of suits, pass a similar law in your own state.
 
2013-03-09 01:20:46 PM  
<i>Ruiz was out on bond on his fifth DWI arrest when the fatal crash took place, authorities said.</i>

He should also sue the Judge who allowed him bond, the prosecutors who agreed to it, the guy who posted it...
 
2013-03-09 01:20:53 PM  
I don't see why he shouldn't?

We as a society demand people shift responsibility away from themselves. We do it for minor things and it's only fitting it extend beyond them into serious issues in a laughable manner.

Truly, his friends, his bartender, and everyone who has ever wronged him is responsible for his failings.
 
2013-03-09 01:22:00 PM  

you are a puppet: <i>Ruiz was out on bond on his fifth DWI arrest when the fatal crash took place, authorities said.</i>

He should also sue the Judge who allowed him bond, the prosecutors who agreed to it, the guy who posted it...


I should sue whoever decided html tags were too hard and farkers must press buttons
 
2013-03-09 01:22:15 PM  

FARK rebel soldier: Del Lynn Peshlakai, 19, and her sister Deshauna, 17 -- from the Navajo reservation.

Old and busted: Crazy black names. New hotness: Crazy Indian names.


I just want to meet an Indian girl named Wet Pussy
 
2013-03-09 01:25:10 PM  
If he was on the reservation he is Farked.

Indian law presides over any other laws.
 
2013-03-09 01:25:27 PM  

letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.


lulz
 
2013-03-09 01:26:00 PM  

letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.


Oh, you're totally going to get flamed by a bunch of people for speaking the truth. People have criticized me for saying that if you're going to drive after a few beers, you should follow a few simple rules, like stopping at red lights, maintaining a lane and obeying the speed limit.

These are the same people who get outraged if they get pulled over for doing 60 in a 35. They think it's somehow justifiable just because they haven't been drinking.
 
2013-03-09 01:26:38 PM  
Don't forget the distributor, the brewery, the glassware company, the company that made the bar stool and the government for supplying the roads.
 
2013-03-09 01:27:07 PM  

Mrbogey: I don't see why he shouldn't?

We as a society demand people shift responsibility away from themselves. We do it for minor things and it's only fitting it extend beyond them into serious issues in a laughable manner.

Truly, his friends, his bartender, and everyone who has ever wronged him is responsible for his failings.


Don't forget his parents who negligently gave him faulty genes.
 
2013-03-09 01:38:49 PM  

pueblonative: Just another false flag flown by Faux and Friends to institute blocks on the rights of people legitimately harmed by big business from seeking redress in a civil court.


Just another liberal freeloader looking to score a big jackpot at the expense of everyone else in our society. As long as you get yours, f*** them all, right? Mom and pop had their life savings invested in one of the restaurants this idiot visited that night? F***'em, those evil corporate criminals, as long as you get yours.

Loser Pays Double / Lawyer Pays Triple!
 
2013-03-09 01:39:45 PM  

Happy Hours: FARK rebel soldier: Del Lynn Peshlakai, 19, and her sister Deshauna, 17 -- from the Navajo reservation.

Old and busted: Crazy black names. New hotness: Crazy Indian names.

I just want to meet an Indian girl named Wet Pussy


I dated one named Cinderblock.
 
2013-03-09 01:42:42 PM  

LargeCanine: Hanging is too good for them.


Burnin's too good for him.
 
2013-03-09 01:43:45 PM  

Happy Hours: There are such things as a "mixology permit"?


Yes, it's what a bartender must get before they can serve you drinks. And we all already know that you're all about the "rights" of people to drive around drunk.

/you're not part of the problem, you ARE the problem
 
2013-03-09 01:44:26 PM  

WhoopAssWayne: pueblonative: Just another false flag flown by Faux and Friends to institute blocks on the rights of people legitimately harmed by big business from seeking redress in a civil court.

Just another liberal freeloader looking to score a big jackpot at the expense of everyone else in our society. As long as you get yours, f*** them all, right? Mom and pop had their life savings invested in one of the restaurants this idiot visited that night? F***'em, those evil corporate criminals, as long as you get yours.

Loser Pays Double / Lawyer Pays Triple!


You really don't understand how many civil cases (legitimate as well as illegitimate) don't see the light of a jury trial, do you?  But just keep rubbing one out to that myopic vision of how courts operate versus reality, boopsie.
 
2013-03-09 01:45:00 PM  

WhoopAssWayne: Loser Pays Double / Lawyer Pays Triple!


That's a horrible idea and the reason is very simple. Just because you sue someone and lose doesn't mean your lawsuit was frivolous. You can say it is in the case of the drunk driver who sues the bar who served him and I would probably agree, but it would essentially eliminate any lawsuit where it wasn't painfully obvious that the defendant had a case.

Get run over by a sober driver while you're in a crosswalk and the driver had a redlight? Well, maybe I shouldn't sue because the roads were icy that day and the driver was 10 miles over the speed limit but I might lose the case and I couldn't possibly afford that. And if you file a suit against that driver, rest assured you would receive threatening letters trying to intimidate you into dropping the suit noting how you'd have to pay if you couldn't prove your case.
 
2013-03-09 01:48:17 PM  

letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.


The problem with that logic is nobody will admit to being a bad driver (whether drunk or sober), so the law has to assume that everyone is a bad driver when drunk.
 
2013-03-09 01:49:37 PM  
pueblonative
Wonder why an ambulance chaser didn't want to jump on that.

Seriously, BFD. The lawsuit is filed, and it's probably gonna be bounced out of court without so much as a hearing. Just another false flag flown by Faux and Friends to institute blocks on the rights of people legitimately harmed by big business from seeking redress in a civil court.


Yeah right,it's all Fox's fault,they made it all up.
Oh wait,they didn't...
>http://w ww.koat.com/news/new-mexico/albuquerque/NM-drunken-driver-sues -buddy-restaurants/-/9153728/19237686/-/sbt3g4/-/index.html
 
2013-03-09 01:54:20 PM  

Frantic Freddie: pueblonative
Wonder why an ambulance chaser didn't want to jump on that.

Seriously, BFD. The lawsuit is filed, and it's probably gonna be bounced out of court without so much as a hearing. Just another false flag flown by Faux and Friends to institute blocks on the rights of people legitimately harmed by big business from seeking redress in a civil court.

Yeah right,it's all Fox's fault,they made it all up.
Oh wait,they didn't...
>http://w ww.koat.com/news/new-mexico/albuquerque/NM-drunken-driver-sues -buddy-restaurants/-/9153728/19237686/-/sbt3g4/-/index.html


They're making Mount Everest out of a dungheap that no lawyer is going near a ten foot pole with.  But this is going to be another reason that we must institute tort reform (read "corporate immunity").
 
2013-03-09 01:56:35 PM  

The My Little Pony Killer: Happy Hours: There are such things as a "mixology permit"?

Yes, it's what a bartender must get before they can serve you drinks. And we all already know that you're all about the "rights" of people to drive around drunk.

/you're not part of the problem, you ARE the problem


Oh, really?

Then why haven't I caused any accidents? Could it be that I actually obey traffic laws even after I've had a few beers?

Or are you one of those people brainwashed by MADD who believes EVERYONE who ever drives drunk will eventually kill your grandchildren?

No, I am not the problem and I do have limits which I adhere to. I will not drive if I think I'm too drunk to drive. Those limits are much higher than the 0.05 BAC limit which the state imposes, but I do have them. Almost every story you hear about drunk drivers killing or injuring people involves them doing something incredibly stupid, like running red lights, speeding way over the limit or going the wrong way on a road.

Yeah - if I'm so drunk that I would do any of those things, that is over my personal limit and I won't drive.

Try again. I am not the problem. Drivers who don't respect traffic control devices (such as red lights or stop signs) or who fail to control their vehicles are the problem whether they're drunk or sober.
 
2013-03-09 01:58:38 PM  
Sounds just as legit
 
2013-03-09 02:02:28 PM  
This honestly seems like a reasonable and natural conclusion given our laws.

We, as a society, say that drunk people can't make decisions.  Drunk people can't consent to have sex or enter into contracts.  We also have laws that say those who serve alcohol have an obligation to regulate the amount served.

Whenever someone gets drunk at a bar, the bar is responsible.
 
2013-03-09 02:03:54 PM  

The My Little Pony Killer: Happy Hours: There are such things as a "mixology permit"?

Yes, it's what a bartender must get before they can serve you drink


Oh, and to address this point - I don't know how it is where you live, but almost anyone can get a job as a waiter or a waitress and if the restaurant or bar has a liquor license that means hiring someone who may only be 18 years old and doesn't have to get any kind of license.

The business with a liquor license does have a responsibility to tell their workers to card people and not serve people who are already drunk, but I really don't believe most states issue permits to every waiter/waitress in those places. It would quite simply be way too difficult to administer.

And while you may fancy yourself to be a "mixologist" because you know how to make a Bloody Mary or a Sex on the Beach, you're just a farking bartender. Get over yourself and bring me another beer.
 
2013-03-09 02:11:00 PM  

letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.


is it a troll or is it a functional alcoholic? only their bartender knows for sure. PS: functional alcoholics are only fooling themselves. impaired is impaired and too many assclowns don't learn that until they are in the back of a squad car and someones family is destroyed.

-- seriously, the longer you're alive the more dead people you know thanks to drunk drivers. personally got tired of it a real long time ago. i don't understand why americans put up with the lax sentences the courts give out. triple so for the police, ambulance volunteers, E.R. workers and others that see the horror over and over again. there is no justice to the american justice system.
 
2013-03-09 02:13:37 PM  
lulz.....I just googled "Mixology Permit",

Every one of the first 10 links related to Washington state. Then I click the pony killer's profile. Surprise! He's in Washington.

I'd be surprised if any other state requires a $3 an hour waitress to get a permit from the state to serve someone a beer. I might end up being surprised, but how stringent does the law have to be to make sure a waitress can bring someone a beer?

What a farking moronic idea that is.
 
2013-03-09 02:16:09 PM  
Thanks Obama!
 
2013-03-09 02:17:29 PM  

KrispyKritter: letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.

is it a troll or is it a functional alcoholic? only their bartender knows for sure. PS: functional alcoholics are only fooling themselves. impaired is impaired and too many assclowns don't learn that until they are in the back of a squad car and someones family is destroyed.

-- seriously, the longer you're alive the more dead people you know thanks to drunk drivers. personally got tired of it a real long time ago. i don't understand why americans put up with the lax sentences the courts give out. triple so for the police, ambulance volunteers, E.R. workers and others that see the horror over and over again. there is no justice to the american justice system.


I'm sorry - but that's a ridiculous statement.  'Impaired is NOT impaired'.

Music impairs your ability to drive.  Eating impairs your ability to drive.  The number of people in the vehicle with you impairs your ability to drive. Being tired, stressed, hungry or emotional impairs your ability to drive.  Adverse weather, low visibility, non-optimal vehicle maintenance all impair your ability to drive.  Your age impairs your ability to drive, reaction times decrease as we age.

There are a million factors that determine how well we can drive.  If we only drove under optimal conditions - we wouldn't be able to depend on driving as a primary means of transportation.
 
2013-03-09 02:18:43 PM  

KrispyKritter: too many assclowns don't learn that until they are in the back of a squad car and someones family is destroyed.


And how many "assclowns" never end up in the back of a squad car because they never cause a problem?

Our values are farked. If a sober driver blatantly runs a red light and causes an accident, they MIGHT get a $200 fine (if it's even that much) for running a red light.

If someone who has had 4 beers over the course of 3 hours is broadsided by that same sober driver who runs the red light there's a lynch mob ready to hang him.
 
2013-03-09 02:30:55 PM  

Happy Hours: lulz.....I just googled "Mixology Permit",

Every one of the first 10 links related to Washington state. Then I click the pony killer's profile. Surprise! He's in Washington.

I'd be surprised if any other state requires a $3 an hour waitress to get a permit from the state to serve someone a beer. I might end up being surprised, but how stringent does the law have to be to make sure a waitress can bring someone a beer?

What a farking moronic idea that is.


New Mexico requires a server's permit. IIRC it is a one day class (from 9-3 or so) that costs $25-40. You learn that you shouldn't serve minors or drunk people...you know, things that your employer can tell you just as easily, but the state wouldn't make permit fees from $3 per hour waitresses that way.

/Bartended in two states that did not require a permit.
 
2013-03-09 02:35:17 PM  
What about personal agency?

/wonder why he couldn't find a lawyer to file his suit....
 
ZAZ [TotalFark]
2013-03-09 02:41:58 PM  
In Massachusetts an under 21 but over 18 guy got in an accident while driving drunk. He sued the bar for taking his fake ID. The trial court said you can't sue over your own fraud. The drunk appealed and the state supreme court said he could sue over his own fraud.
 
2013-03-09 02:42:53 PM  
Bill Shakespeare ... first thing we do is kill all the lawyers ...
 
2013-03-09 02:45:08 PM  

The My Little Pony Killer: I predict that this thread will make it very, very easy to pick out the Farkers who have never had a mixology permit.


I have never had a mixology permit.

I do think the drunk driver's claim has more merit than the victim's families, with respect to suing the business.  The drunk driver directly dealt with the business, and the business directly benefited from the drunk driver's patronage.

I still think the claim is without sufficient merit to go to court.  Fatties shouldn't win over McD's because they're fat, and drunk's shouldn't win against Applebee's because they're drunk.  If you can't handle your Appletini, drink at home.
 
2013-03-09 02:48:43 PM  

The My Little Pony Killer: I predict that this thread will make it very, very easy to pick out the Farkers who have never had a mixology permit.


Does any state besides Washington have those? I know we don't in New York.
 
2013-03-09 02:57:15 PM  
I believe if you have a 'drinking buddy' who you know has had previous DUI violations and you buy that buddy a drink, you share in liability for what he or she does while that night of drinking is in effect.

So to convince me if I were on the jury, this guy needs to show that his buddy was aware of his propensity to drive while under the influence, his buddy knew he would be driving after the round of drinking, and his buddy bought him at least one drink anyways.
 
2013-03-09 03:00:07 PM  
The drunk would have just as much success trying to sue the city planning commission for building a city that can only reasonably be navigated with a car, or the local mass transit agency for not running services after last call.

/don't bother going out to drink in the suburbs unless you plan on playing dodge-a-cop on the way home
//or paying for a $20+ cab ride
 
2013-03-09 03:06:41 PM  

letrole: This over-reaction began in the early 80s, when drunk driving starting being unfairly demonised. Alcohol is simply an intensifier. Bad drivers drive worse whilst loaded, but good drivers drive much better.

Overall, the increase of accidents caused by bad drivers is cancelled by the decrease of accidents caused by good drivers. While there may be anecdotal horror stories about sloshed drivers mowing down entire bus queues, these are still anecdotes. The statistics don't lie. Alcohol has little effect upon road safety.


Not sure if serious.jpg
 
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