Drinking Buddies Not Liable as Social Hosts, Mass. Court Rules

July 2, 2007

  • July 2, 2007 at 2:13 am
    Bud Leight says:
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    Quote No. 1: For years, Bhoge and the three defendants met regularly on Fridays after work for drinks at nearby taverns.

    Quote No. 2: About 45 minutes after Bhoge left the bar, the defendants departed. Two of them observed Bhoge seated in the driver’s seat of his vehicle, but allegedly did not notice anything unusual in his demeanor.

    Quote No. 3: A third defendant then came out carrying Bhoge’s coat, opened the passenger door of Bhoge’s vehicle to give the coat to him, asked if he was okay, and received an affirmative response.

    No, Your Honor, his demeanor weren’t unusual. He was plastered just like ever Friday night fer the last bunch o years. He were always leavin his coat in the bar and we knew that 45 minutes later we could bring it out to him. And he was really affirmative that it was his coat, which he’d had for as many years as he could remember.

  • July 2, 2007 at 2:36 am
    SFOInsurance Lady says:
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    You’ve got to be kidding, Feller – I hope you are being facetious. This is my BIGGEST pet peeve – when, oh when will people realize that they themselves only are to blame for their own intoxication and stupidity. When will people start taking responsibility for their own actions? Why is it always someone else’s fault? We’ve gone soft in our court system and I’m sure glad the Mass. court saw it that way – well, sort of……

  • July 2, 2007 at 2:45 am
    Bud Feller Leight says:
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    Definitely facetious and thanks for asking. I just found it odd that his friends would accept his behavior that night as being normal – and wondered what ABNORMAL would look like, if this was the Friday Nite standard.

    I sure would feel bad if it was one of my friends heading off that evening into Oblivion. Other than an extra trip to the confessional and perhaps a fair amount of self-assumed guilt, I’m not sure what legal responsibility I would be faced with. Social responsibility cannot always be adjudicated.

  • July 2, 2007 at 3:07 am
    Claims Guy says:
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    FSOlInsuranceLady is right on point. People need to take personal responsibility. Thanks to permissive parents, plaintiff attorneys, and courts with no backbone, this concept has eroded and has all but disappeared in this country. If someone doesn’t care enough to protect themselves, nobody else should have a higher duty to save them from their own stupidity. I think it’s part of the “natural selection process”. Sooner or later, these idiots will eliminate themselves. Hopefully only themselves.

  • July 2, 2007 at 3:20 am
    SFOInsurance Lady says:
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    Right-on, Claims Guy. But you know, Bud has a good point from a MORAL standpoint.
    I myself would feel awful should I let someone I know and love get behind the wheel of a car plasterd out of his mind – and something happens. Talk about guilt, guilt, guilt…..You know, I noticed that there was no mention of the bar that continued to serve him drinks while he was intoxicated. After all, they are the ones pouring and they are the ones profiting……..

  • July 2, 2007 at 3:37 am
    Dawn says:
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    Bhoge (the drunk driver) admitted he was drunk without pointing any fingers.
    The guy he hit is the one suing everybody in hopes of getting somebody to pay up. I feel sorry for him,(he is the innocent bystander that tends to get hurt when a drunk gets behind the wheel), but suing his drinking buddies sounds like a lawyer that is REALLY reaching.
    Guessing that Bhoge either doesn’t have insurance, doesn’t have enough, or maybe was declined due to intoxication? Wonder if the guy he hit sued the bar, too?
    I’m betting the bar paid out- or will.

  • July 2, 2007 at 4:59 am
    steve says:
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    Thanks for the clarification Dawn as I noticed some people missed that point. The pltf and his atty really tried to stretch their claims. Glad to see a judge with a backbone quash this allegation right away.

  • July 2, 2007 at 6:10 am
    Personal Responsibility says:
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    SFOInsurance Lady rightfully asks about personal responsibility, but how long has she been in insurance? Long enough to know that people shirk that responsiblity because the insurance company will pay for it. I’m sure these people’s arms & shoulders hurt from pointing the finger at someone else!

  • July 3, 2007 at 10:17 am
    Stat Guy says:
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    Here is the salient point….”they owed the plaintiff no duty….” …to do anything except maybe after the filing of this suit, they should have choked the living s**t out of some idiot who needed it….imagine trying to blame this on your friends, as if he would be cooperative had they even TRIED to stop him from taking another drink or leave or drive or do any other indepedent behavior of his own accord…..

  • July 3, 2007 at 10:21 am
    Stat Guy says:
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    thanks for pointing that out, that it is the attorney for the injured, not the drunk driver, who is trying to find another responsible party and you are correct that the tortfeasor, the drunk driver, probably has no assets or other pockets, deep or otherwise, from which to draw the money that they hope to get…



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