Mass. High Court: Paralyzed Patron Can Sue Bar

January 11, 2007

  • January 15, 2007 at 6:03 am
    duhhh says:
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    Compassion is something we all need more of, but compassion is not really the issue here.

    If the facts are that an underage kid purchases & uses a fake ID (& it works) to obtain alcoholic beverages, ingests the alcohol & becomes to drunk to drive, he should call a cab, just like us old drunks do!

    The fact that he intentionally drove while intoxicated is something that most have done in their lifetime, but this time he really messed up & in the process has messed up the rest of his life & those that are close to him in that they too have to live with his injuries & limitations now & someone will have to take up the job of helping him.

    He is entitled to the Government funding because we are a Country full of compassionate people that took into consideration that some people will need monetary help & services if they become disabled. No Problem (kinda… but that\’s my opinion)

    He should not be entitled to any monetary gain, from any source, for the blatant disregard of the law & now he is suffering the consequences of his actions.

    Thank God that he didn\’t kill or injure anyone else like this!

  • January 16, 2007 at 9:23 am
    tom says:
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    Massachusetts the land of Ted Kennedy and someone should pay for my injuries. It\’s not my responsibility that I was underage and had a fake ID and the employees don\’t see the consequences of their actions. No the corporations must pay for an individuals stupidity and of course insurance companies have the deep pockets so it\’s all alright, no harm done. Don\’t take responsibility for your actions and just pass the buck, irrespective of the consequences. They should fire every one at Carraba\’s who served him, fire him for knowingly purchasing liquor and accepting it from employees, close the restaurant and file for bankruptcy. Then hold a telethon for the poor idiot. Now that\’s compassion.

  • January 16, 2007 at 10:21 am
    dot_hemath says:
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    I agree, Mary, that somewhere after telling us to change the laws, Fairness\’s post turned into something of a rant.

    However, he (she?) posed a very good question that you did not answer. Had Nunez harmed/killed some unfortunate innocent third party, how would you feel about that person\’s ability to go after the restaurants?

    Another question for all. How young would Nunez, fake ID and all, have had to have been before you feel he would be warranted in making a claim against the restaurants?

  • January 16, 2007 at 11:09 am
    Fairness says:
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    First of all, my apologys to Mary – I was on a rant and calling her a dictator was just flat out rude an uncalled for. I am sorry.

    Secondly, I have been in this industry for 20 yrs and have had my fill of death and destruction day in and day out. It\’s easy to become cynical when faced with daily tradgedy and fraud, and I have to occasionally remind myself to step back and remember the service I (and all agents, adjusters, underwriters ect) provide to the public thru insurance. I have to remember that the vast majority of people are honest and quite entitled to the benefits they or their employers have paid for by purchasing insurance.

    Finally, if you would read the posts I have entered, you will note that nowhere did I say the kid should be entitled to any benefits. However, under the law he is entitled to his day in court to determine if some other party (restraunt) is legally liable and contributed to the whole tragic incident. It\’s not our place to deny him or anyone else that right. What a court/jury decides must be based on the law, not on whether or not we feel the kid deserved what he got or that he is not entitled to any money. The general public may not always agree with the results (see OJ verdict), but it is what it is.

    If as a society we don\’t like the law, we need to work to change it. Ranting and raving about the unfairness of life does no one any good. Talk to your legislator and make your voice heard. In the meantime, we have to live with the law as written. Some people get much more then they honestly deserve, and some get a lot less then they deserve. But, I will take the good with the bad, as our system remains the best in the world.

    I am off my soapbox now. And yes, I do feel sorry for the kid. He made a mistake, a tragic one, but I am willing to bet he did not \”intend\” to end up a quad, no more then anyone who smokes intends to end up with cancer or someone who eats to much intends to end up with heart disease,diabetes ect. (the list can go on and on) ***** and moan all you want, but I will not be the one who says \”he got what he deserved\”. I still have a heart after all these years.

  • January 16, 2007 at 11:39 am
    Sam says:
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    This has been quite a discussion, thus far.

    I am willing to concede the fact that my own opinions are not the law, nor should they be construde as such. I am also willing to concede that even THIS foolish unlucky soul deserves his day in court…

    I am not from the Northeast, I am from Texas, so my opinions on certain things may differ greatly from other citizens of these great United States. Having said that, let the citizens who are the voting, tax paying public send a message that these types of frivalous, unwarranted lawsuits will not be tolerated. Let the lawsuit happy John Q. Public know that just because they screw up on their own accord, it doesn\’t mean that society or any other entity owes them a dime for their mistakes. If they want to get rich by being lucky…play the lottery.

    We wouldn\’t be having these types of discussions if that message were sent on a regular basis.



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