Livingston County Man Dies After Being Struck by Car at Demolition Derby

     David Connors, age 64, of Hemlock, Livingston County, died after being hit by a van which was participating in a demolition derby in Batavia on July 25th.    Mr. Connors was part of a safety crew known as the "Derby Dogs" at the time of the accident, standing outside the perimeter of the derby.  Connors had apparently been involved with demolition derby and the Derby Dogs for many years.
     His experience with demolition derby is important as several people have criticized his participation, suggesting that his getting injured was a highly likely event.  Others have suggested that perhaps his estate will sue the event organizers for his injuries and death.  The problem with the foregoing is that if Mr. Connors did indeed put himself in an unreasonably dangerous position at the event, it would likely bar him from a successful claim against anyone, as he arguably would have assumed the risk of injury and eath by his voluntary participation in the event and proximity to the danger.  This is a factual question, however, and we don't have the facts to make this call or criticize the man.
     As for the money aspect of any suit against the responsible partyies (if there are any), in New York, those persons legally responsible for causing his death would be obligated to pay his estate what boils down to the present value of the wages he would have lost by virtue of his death.  This means, if he was working and not retired, all his estate would be able to recover for his wrongful death would be the total of all he would have earned over the remainder of his expected working life, which, probably wouldn't be much due to his age (64 year old men have a very short work life before they retire.)
     It is unfortunate that the loss of a loved one is often reduced to a mathematical calculation, but lawyers don't necessarily make the laws, but we do have to follow them.

Dram Shop Case Against Waterfront Bars May Be On Target

     I believe folks  need to take personal responsibility for their actions, particularly when they screw up.  The family of Cori Mitchell, a 28 year old father of four children, and their lawyer, believe that four waterfront bars along Lake Ontario, near Rochester, New York, screwed up in serving alcohol to Howard Eddy, the night he crashed his speed boat into a pier on Lake Ontario near the mouth of the Genesee River.  Eddy was highly intoxicated at the time of the accident, killing three passengers, including Mr. Mitchell.  Mitchells' family has sued the bar owners, claiming they are responsible for his wrongful death.
     The law in New York provides that any establishment that serves alcohol to a visibly drunk individual may be liable for the personal injuries, including death,  that may be caused subsequently by the drunk.  This is known as the Dram Shop Act, set forth in the General Obligations Law.
     If newspaper accounts of Mr. Eddy's actions are correct, at least four different bars served him alcohol sometime between 11:00p.m. on June 27, 2008 and 2:00a.m on June 28th, just prior to the crash.  Mr. Eddy plead guilty to manslaughter in Monroe County Court concerning that incident (he had a blood alcohol level of .20), and was sentenced to state prison.   Will Mr. Mitchell’s family win?  Probably not against all four of the bars, but he might have a good argument against  those bars who served him just prior to the boat trip.  While no amount of money will bring Mr. Mitchell back or assuage the grief of his family, perhaps it will cause bar owners and employees to think twice before serving the next Howard Eddy.
     What do you need to learn from this?  Well, if you are a bar or restaurant owner or employee, make certain you do not serve anyone whom you believe may be intoxicated.  Err on the side of caution and cut the customer off, with a smile.  For the rest of you, if a family member or loved one is injured by a drunk, either on the water or on the road, and you believe the drunk may have become intoxicated at a bar or restaurant, it is critical that a detailed, immediate investigation must be conducted of all customers and employees at the bar/restaurant upon learning of the accident.  Competent experts must also be retained. 
     By the way, under the Dram Shop Act, you can’t sue the bar or restaurant owners for your own injuries caused by your intoxication.  If you get drunk and hurt yourself, its your fault.  Deal with it.

Justice Served Again In Case Involving Death of Geneseo Student

     There was another guilty plea in Livingston County Court this week in the drinking death of SUNY Geneseo student Armen Partamian.  Daniel Welch of Erie County plead guilty to Unlawful Dealing With A Child, a misdemeanor, for which he will pay a fine and perform three weekends of community service in the County jail program.
     The original charges against Welch and two other Geneseo students, Criminally Negligent Homicide and Hazing, would have been extremely difficult for the District Attorney to prove.  While some argue that Welch and the others should not have been charged at all because of this accident, as Partamian voluntarily chose to becomehighly intoxicated, I disagree.  Providing alcohol to your friends when you know they are A.) already highly intoxicated, and B.) intent on drinking until they pass out, is reckless and dangerous and no different than providing them a loaded gun with which to play Russian roullette.
     Was justice served?  Yes, assuming the message is getting through that the type of irresponsible behavoir that Partamian, Welch and the others engaged in will not be tolerated.
     The next step?  Civil actions against the  college and the greek organizations on campus for the wrongful death of Partamian, with a claim by the injury lawyer invovled for punitive damages for knowlingly tolerating this type of behavoir in the past.   Maybe then serious action will be undertaken to stop this recklessness.