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Jersey Drunken Driver Can Sue His Bar

State's top court sides with motorcyclist who drank too much

By Sarah Whitmire,  Newser Staff

Posted Jun 2, 2011 2:52 PM CDT | Updated Jun 4, 2011 6:56 AM CDT

(Newser) – Bartenders, beware: The New Jersey Supreme Court has given a drunken driver the right to sue the bar that served him, reports the Asbury Park Press. When Frederick Voss crashed his motorcycle in 2006, his blood-alcohol level was .196%—almost two and a half times the legal limit. Voss pleaded guilty to driving under the influence, but he sued the restaurant where he had been drinking for several hours before the accident.

The tavern argued that state law prohibited exactly that kind of lawsuit, but the justices disagreed by a 5-2 vote. “Today, drunk drivers can evade personal responsibility for their actions and sue restaurateurs in New Jersey for serving them drinks,” says a spokeswoman for the New Jersey Lawsuit Reform Alliance. Voss's attorney says the ruling means that bars and intoxicated drivers share the blame. (And in other unusual lawsuit news...)

It's the bartender's fault, too, says New Jersey's top justices.
It's the bartender's fault, too, says New Jersey's top justices.   (Shutterstock)
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COMMENTS
Showing 3 of 35 comments
Naked_Emperor
Jun 4, 2011 4:22 PM CDT
Breathalyzer tests at the door for patrons. If you blow past the legal limit you must leave in a cab or with someone that doesn't. It has to be cheaper than the lawsuits....Hopefully this one will be overturned.
George-Jetson
Jun 4, 2011 1:57 PM CDT
Everyone drives to a bar. Does the bartender has to breath test the customers on the way out & get them to sign a waiver?
Ripp
Jun 4, 2011 12:38 PM CDT
One can be over the legal limit and NOT appear intoxicated. They can then go and wipe out a family of five. How can a server know for sure that one is not over the limit without bac. testers that are not always accurate? We need to accept responsibility for our OWN actions, instead of blaming others. No one forced this clown to get drunk. Lawyers thrive on this sort of thing to get money. Who pays for it? You guessed it.
 

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