Mass. High Court: Paralyzed Patron Can Sue Bar

January 11, 2007

  • January 12, 2007 at 2:28 am
    Adjuster in New England says:
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    While the plaintiff was underage to drink he was not a kid. He was 18– old enough to sign contracts, fight in Iraq,get married, have kids and go to jail for many years if they screw up.He was very much an adult and for that reason he should be held to the same standard as any adult.

    And, as an aside, I find the remark regarding all he wanted was a family and everything else to patronizing and insulting as it implies all he can do now is sit on the corner with a cup begging. Though not in a wheelchair myself, I have several friends and family in chairs from spinal injuries and other causes and they have led full lives,i.e, held jobs, had families even if the children are adopted, and had good and bad days just like everyone else. I am sure they wish things were different but the plaintiff can have a good life if he wants to.

  • January 12, 2007 at 2:42 am
    Fairness says:
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    I am astonished at the almost total lack of compassion for the young man who for all intents and purposes lost his life that night. I hope like hell none of you cold hearted people or your children ever wind up in the same boat because of some mistake made as a youth. And we have all made them, and you are a liar if you deny this. Some people are just luckier then others.

    I agree that each person should be responsible for their actions, but I also think you should recognize there is more then one party involved here. Nobody made the kid drink and drive, in fact it is illegal to do so. But, nobody made the restraunt serve him, and the last time I checked, serving minors is also illegal. Both parties broke the law, and should be held accountable for their actions.

    The law is clear – business owners are responsible for the actions of their employees. It doesn\’t matter if individual employees do not follow the established policies of their employer. It\’s no different then giving an employee a company car & telling them not to speed while driving it. The employer is responsible for then just the same if they do.

    One final question, how many of you would agree to accept any amount of money for never being able to walk again or have any type of nornal life?

  • January 12, 2007 at 2:57 am
    Mary says:
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    Compassion – Maybe you should stop and think for a minute here. Would you have the same compassion if Nunuz hit another driver while driving drunk and killed/injured them. What if he killed a young child? Bottom line – DO NOT DRIVE & DRIVE. Yes he made a mistake but I thank God that he didn\’t take an innocent life.

  • January 12, 2007 at 3:08 am
    Sam says:
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    I am sure we can all agree, we wouldn\’t want it to happen to any of us or our children. And yes, all of us make mistakes. Not speaking for anyone else, my take on it is this…as tragic of a thing it is for this young man to be paralyzed, it is of his own accord and no matter what, I wouldn\’t wish it on him or anyone else. He could have killed and paralyed someone else..but he didn\’t, that\’s how he got lucky…he won\’t have to feel that guilt his whole life. But he did make a mistake that ended up with horrible consequences that very few of us would even be able to comprehend. But here\’s the thing…he did it to himself. Sure the law books or courts may say this restaurant or that fake ID maker are as much or more responsible…but this isn\’t a court room and I am not an attorney for the plaintiff…
    What I am upset about, is the young man has decided to sue to get money from someone else for something he knew damn well was completely his fault! This is not a question of compassion, it a question of morality…and either this kid\’s parents didn\’t teach him morals or they are in on this lawsuit too and are just as much to blame!

    I would have felt bad for the kid if he would have licked his wounds and acted like a man and took responsibility for his own actions…but no, he took the low road. Now ALOT of our money, the government\’s and insurance companies money(which is our premium dollars) are going to be given in the millions to someone who doesn\’t deserve it. I would just as soon as they give it to the poor or maybe foster children…something like that…but not to a greedy sloth like this.

  • January 12, 2007 at 5:53 am
    KLS says:
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    I have compassion for people who are differently abled, but compassion doesn\’t equal an open wallet.

    You are correct, Fairness, the restaurant and bar are negligent for serving alcohol to a minor and they should be cited and fined just like any other establishment caught doing the same thing. However, neither the restaurant nor the nightclub owe ONE DIME MORE than the standard fine regardless of the severity of Nunez\’s injuries.

    Nunez had absolute *INTENT* to break the law that night, as evidenced by the fact that HE made a deliberate decision to order the beverages AND he had a Fake ID.

    In my opinion, that means HIS actions are criminal to a larger degree than the establishments which served him the liquor. Perhaps the EMPLOYEES of the establishments provided him alcohol knowing he was under-age, but one could easily assume that the business owners did NOT have intent to break the law that night.

    This is the good old USA, you can pretty much sue anyone for any reason, provided there\’s some sort of statute on the books that even minimally addresses whatever you can dream up.

    So Nunez can sue. Good for him. I do NOT think he should win any amount of money, though. His injuries are a direct result of HIS actions. Period.

    What if he had raided mom and dad\’s \”special fridge in the garage\” and done the exact same thing? Is he going to sue mom and dad? I doubt it. I agree with everyone else, this is deep-pocket syndrome to the Nth degree.

  • January 15, 2007 at 1:47 am
    Fairness says:
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    -Mary, I would feel the same way for the young man even if he had killed an third party. That scenario would have simply been twice as sad. He lost him life anyway, nothing the state (or you and I) could do to him in the way of prosection could be any worse. Of course, I would feel very bad for the third party as well.

    Question, how would you feel about the innocent third party\’s ability to sue the restraunt that broke the law and served the young man alcohol? Should the business owner in this situation be held accountable for their employess knowingly serving alcohol to a minor, even though the owners themselvs mave have not known about it? If so, how is this different from the young man being able to sue a negligent party? (The question of how much if anything he should be entitled to is another question entirely, and thats up to a jury to decide – not you!)

    Remember, the people on the jury as fellow citizens of the U.S., just as you and I are. The law must be followed even if you disagree with it. If you don\’t like the laws as written, either work to change them or leave! Its a good think you don\’t run the country as you would be a perfect definition of a dictator! In case you forgot, this is still a country ruled \”By the People, For the People!\”

  • January 15, 2007 at 1:57 am
    Import says:
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    When are people going to start being responsible for their own actions?!

    Its time for people to stop being sue happy and start being responsible for their own actions.

    This guy clearly broke the law by having a fake ID.
    He got what he deserved.

    Its time for Judges to start throwing these freevelous lawsuits out of their courts and put the responsibility back on individuals!!

  • January 15, 2007 at 2:18 am
    Mary says:
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    Fairness – You said it was a good thing I don\’t run the country as I would be a dictator. How you misconstrued what I had written is beyond me. Basic points of what the majority people here are stating is that one must have personal accountability for their actions. If you would stop grandstanding and use your head, you might not sound like such a dolt.

  • January 15, 2007 at 2:51 am
    bob laublaw says:
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    Obviously written by someone not in the industry. \”compassion\” has no place in insurance nor the Courts. Compassion is why we are in the \”judicial hell\” that we are currently facing. This kid is a total idiot, he took no consideration into anyone or anything else but himself and you think he deserves compassion. this dolt should be happy he is alive. he is a criminal as worst and a liar at best. Too bad he was not arrested for DUI and sent to prison, wheelchair or not. What\’s really sickening is that this jackhole is making money off of his own stupidity, deceit and lies.

  • January 15, 2007 at 4:59 am
    Kent says:
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    I only have compassion for the young man\’s family as they have to help him deal with his physical limitations. This young man was totally in the wrong and should not be allowed to receive anything from his employer or the other establishment that served him unless it can be proven that he was drunk beyond a reasonable double when they served him the alcohol. The young man is over age 18 so, he isn\’t a minor – he can make decisions and bind contracts. The fact that the young man had a fake ID should completely remove both establishments that served him from being fined for serving alcohol to a minor and should remove any point that he was under age during the trial. The fake ID established that the restaurants were serving alcohol to a person of legal age -period. Just because the employees of the establishments knew him does not mean that they knew his was under age 21. The owner should have known he was underage but, the owner may not have been there when the kid was being served.



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