To be honest, this lawsuit made me roll my eyes a little. If anything, it's a lesson in moderation... or using a designated driver... or for that matter, taking a cab.
So some girls go out on the town for the night and club hop. In the wee hours of July 12, 2008, they get in a car and the driver, Maria Slaby, drove the car so it "collided with a stationary object."
Then today, Anna Styrczula, the woman in the passenger seat of the car, files suit. She sues her ride, she sues her ride's boyfriend who owns the car, she sues Spy Bar and Bar Chicago.
Woman sues two Chicago clubs and the friend she claims was too drunk to drive
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Her claim is that Slaby "had become intoxicated by and through her consumption of alcoholic beverages that night to the point of being impaired" and still decided to drive. She's suing the clubs for serving Slaby even though she was clearly intoxicated.
But my main question about this case is WHY--if Styrczula knew her companion was so unfit to drive--she even got in the car. Because that's really responsible, too...
Cab it next time, whydoncha.
2 Comments
lawguy60606 said:
Possible bases for recovery:
1. Illinois Dram Shop (Liquor Control) Act: the bars could be on the hook if the plaintiff can prove they overserved the driver.
2. Driver's reckless/negligent behavior in driving and injuriing the plaintiff.
Of course...as your post points out...good defenses for both on comparative negligence of the plaintiff for getting in the car in the first place.
This is why the bars carry general liability insurance, and why the driver carries car insurance.
www.chicagolawblogger.com
Marian Wang said:
Hey lawguy, you're right. The complaint cites the Dram Shop law. Looks like you earn your title!
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