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Another car accident and another fatality caused by drinking and driving

     Another weekend in the Rochester are and another death caused by drinking and driving.  It seems that these accidents  just continue to pile up, despite the hundreds of millions of dollars spent on DWI education and "awareness".   We are, as a society,  aware of the potential tragedy caused by drinking and driving;  we just don't seem to care.

     Case in point:  On September 19th, Dennis S. Rising and David T. Roehrig was seriously injured in Victor when Rising lost control of his car on a curve and struck a tree at about 4:30a.m.  Police say speed, alcohol and lack of seatbelt use were factors in the crash.    No doubt that Mr. Rising knew that drinking and driving accidents kill and injure tens of thousands  in this country each year, but I suspect that Mr. Rising, like all of the others, just didn't think it would happen to him.

     As for David Roehrig, let's hope he heals up and is able to move on with his life.  He will almost certainly hire a lawyer and make a claim against Rising's insurance company to compensate him for his injuries.  But hopefully  he will use this incident to spread the word that yes, it can happen to you, too.   Maybe then we will have fewer death and injury cases caused by DWI.

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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.