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Applebee's sued over drunk pedestrian's death

new mexico over-served pedestrian blood alcohol level brewtus beers

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#1 Hum

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Posted 04 May 2013 - 14:21

SANTA FE, N.M. – A Taos restaurant is facing a lawsuit over allegations that it over-served a pedestrian who was struck and killed by a pickup.

The Albuquerque Journal reports Julian Varela had a blood alcohol level four times the legal limit for driving when he left the Applebee's Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn't cited in the incident.

The lawsuit says the restaurant's employees shouldn't have served Varela the 20-ounce "Brewtus" beers and should have stopped him from leaving while intoxicated.

It says Applebee's corporate leadership encouraged its restaurants to drive up liquor sales.

An Applebee's spokesman told the newspaper that the chain doesn't comment on pending litigation.

source


#2 Neo003

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Posted 04 May 2013 - 14:26

They should sue god for creating ingredient that can be used to make beer.

#3 svmpatel

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Posted 04 May 2013 - 14:38

It's stupid lawsuits like this that has solidified my already incredulous views towards the future of humanity, and the lack of said humanity doing anything further than devolving back to it's protoplasmic state.

#4 OP Hum

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Posted 04 May 2013 - 14:56

Who is supposed to keep track of how many drinks he had, over what period of time ... ?

Seems personal responsibility comes in here.

#5 +warwagon

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Posted 04 May 2013 - 15:11

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#6 compl3x

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Posted 04 May 2013 - 16:27

Some establishments do absolutely plough patrons with booze and them kick them out onto the streets where all manner of mayhem ensues.

It is all well and good to talk about personal responsibility, although I am somewhat sceptical that those who praise it actually practice it themselves, but if you are serving people something that erodes their ability to make responsible choices you do have a level of responsibility towards that person.

Who is supposed to keep track of how many drinks he had, over what period of time ... ?

Seems personal responsibility comes in here.


Have you never been to a pub, bar, or licensed premises? It's trivially easy to recognize who has had too much and who hasn't.

#7 Praetor

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Posted 04 May 2013 - 16:52

still it's not the barman or the bar responsibility if the patrons are drunk. anyways, this lawsuit is too silly, i mean the guy was killed by a teen driver but hey that's not the important, the important is the bar was negligent.

people and responsibility... :huh:

#8 theyarecomingforyou

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Posted 04 May 2013 - 17:19

still it's not the barman or the bar responsibility if the patrons are drunk.


I don't know about the US specifically but in the UK and other countries bar staff aren't allowed to serve overly drunk customers and are liable for the actions of patrons, even if they occur outside the premise. Common sense dictates that businesses shouldn't be serving alcohol to customers who are seriously drunk. Unfortunately all too often businesses prioritise profits over the safety and well-being of their customers.

#9 adrynalyne

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Posted 04 May 2013 - 17:22

I don't know about the US specifically but in the UK and other countries bar staff aren't allowed to serve overly drunk customers and are liable for the actions of patrons, even if they occur outside the premise. Common sense dictates that businesses shouldn't be serving alcohol to customers who are seriously drunk. Unfortunately all too often businesses prioritise profits over the safety and well-being of their customers.


It is the same way here, although it may vary from state to state. So while I generally disagree with lawsuits, this one may have some merit.

#10 OP Hum

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Posted 04 May 2013 - 22:06

still it's not the barman or the bar responsibility if the patrons are drunk. anyways, this lawsuit is too silly, i mean the guy was killed by a teen driver but hey that's not the important, the important is the bar was negligent.

people and responsibility... :huh:


Yep -- sober people get hit by cars too.

We are becoming a nanny-state.

#11 +Fractalizer

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Posted 04 May 2013 - 22:14

I can see why they may be suing as his family may be upset about his death, but at the end of the day he was the one who decided to drink alcohol (and I drink as well and I am not against it) and he got killed so some (Key Word: SOME, not all) of the blame has to fall on the person who died for drinking and Applebee's also may have some responsibility in that for not cutting him off.

#12 Praetor

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Posted 04 May 2013 - 22:31

I don't know about the US specifically but in the UK and other countries bar staff aren't allowed to serve overly drunk customers and are liable for the actions of patrons, even if they occur outside the premise. Common sense dictates that businesses shouldn't be serving alcohol to customers who are seriously drunk. Unfortunately all too often businesses prioritise profits over the safety and well-being of their customers.


dunno about the US as well :) , but it's very difficult to prove guilty a barman because of a drunken guy got killed; i understand that a barman should warn or even expel a bar patron if he's too inebriated or making a fuss, but the issue here is that:
- costumer left bar inebriated with high percentage of alcohol in blood.
- got killed by a pickup.

why the costumer drunk as much? it's not his personal responsibility but others to control his drinking habits? and who's to say that he refused a drive home? i don't get it; when i was younger and was drinking with my friends i never pass my responsibility to them or others; even when i was very drunk, it was my actions, my responsibility; after all I choose to drink. also why the teen who got killed him wasn't even cited in this?

this seems all very silly to me.

#13 psionicinversion

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Posted 19 June 2013 - 17:14

tis the circle of life



#14 MDboyz

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Posted 19 June 2013 - 17:34

Applebee can just sues his family for knowing his issue with alcohol, but still let him leave the house.

People need to learn to be responsible for their action.



#15 theyarecomingforyou

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Posted 19 June 2013 - 17:41

People need to learn to be responsible for their action.

Which is exactly what this lawsuit is about. The barman should not have served such an overly intoxicated patron and should have taken action when they went to leave. Alcohol impairs judgement and therefore the barman—being the sober one—has to take responsibility. This isn't just my opinion either, as it is stated in law in many / most countries.