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View Poll Results: Would you call this lawsuit valid?

Voters
28. You may not vote on this poll
  • Yes

    1 3.57%
  • No

    19 67.86%
  • Not sure.

    5 17.86%
  • Other.

    3 10.71%

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Results 1 to 15 of 23
  1. #1
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    Question Is this a valid lawsuit?

    http://www.wgrz.com/news/article/217...ful-Death-Suit

    Son Died After Bills Game, Now Family Preps Wrongful Death Suit
    12:57 PM, Jun 21, 2013

    ...In a Notice of Claim that's been filed in State Supreme Court in Erie County, the family accuses the county of negligence by ejecting Gerken from the game drunk and letting him walk away....

    There's more to the article I suggest you read the whole thing.

    My take, putting aside my Bills fandom, is this. If you're drunk and disorderly at a place you well know will kick you out for being that way. The stadium and county have no responsibility for that. The guy was 26, that's not a kid anymore. JMO

  2. #2
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    did the county or the stadium or any of their employees force beer down his throat? no? then I suppose they have no case

    oh and since they think the county is responsible, perhaps they should sue the family members who were at the game and failed to adequately supervise him when they knew he was drunk - they could've left when he did but they stayed at the game

    ~'nuff said~

  3. #3
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    I might be wrong, but I don't believe the county has a legal duty of care. So no, I don't think it's a valid lawsuit.

    HOWEVER.

    I don't know the laws regarding responsible service of alcohol in the US. If a person is drunk in Australia there are laws about serving them more alcohol. If the family could prove that their son was drunk and was served more alcohol illegally by the patron, there might be some sort of loophole.

    I voted 'not sure' simply because I don't know enough about the local laws to say whether it's legally valid or not.

  4. #4
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    Quote Originally Posted by fruity View Post
    I might be wrong, but I don't believe the county has a legal duty of care. So no, I don't think it's a valid lawsuit.

    HOWEVER.

    I don't know the laws regarding responsible service of alcohol in the US. If a person is drunk in Australia there are laws about serving them more alcohol. If the family could prove that their son was drunk and was served more alcohol illegally by the patron, there might be some sort of loophole.

    I voted 'not sure' simply because I don't know enough about the local laws to say whether it's legally valid or not.
    Bartenders are supposed to cut people off if they're obviously drunk. However, it's a stadium game. So some one sober could buy Beers for blotto guys anyway. It will be interesting to see how this goes. They'll probably settle out of court.

  5. #5
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    I voted "Other," because I don't now what New York's laws are regarding liability when alcohol is involved. In Iowa, the bartender and the establishment are liable for the actions of every person they serve for the next 24 hours after the person is served a drink. However, the 1st bar becomes less liable if the person goes onto drink in several bars in the same night, especially if they're showing signs of being intoxicated and continue to get served alcohol--because that's illegal in Iowa.

    If this incident happened in Iowa, I would say there's a possibility the land-owner could be be held liable for not having a fence; but there's also a lot of factors that could reduce the percentage of fault on the land-owner's part. The time between when he was kicked out and when he fell over the slope is one factor, as is whether or not the land-owner knew of the hazard.

  6. #6
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    It's a ridiculous lawsuit and the family should be ashamed of themselves. Seriously? They knew he was drunk, they may have (probably) contributed to his drunkenness, and when he was ejected, one of them should have gone with him. Who would let a drunk family member (or friend) wander off and expect them to be capable of showing up where they were supposed to be?

    But they'll probably get $$ out of this suit, because people aren't expected to be responsible anymore - the only parties expected to be responsible are the ones with deep pockets and good insurance.

  7. #7
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    It bugs me when people complain about "big brother" dictating and watching their every move, and then sue when "big brother" didn't do just that.

    What ever happened to personal responsibility and common sense?

  8. #8
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    http://www.buffalonews.com/apps/pbcs...lls-drive-1010


    Family of drowned, possibly drunken Bills fan, weighs lawsuit

    By Phil Fairbanks | News Staff Reporter
    on June 22, 2013 - 12:00 AM, updated June 22, 2013 at 1:47 AM

    ...“Right now, the family is undecided over what to do," said Eric M. Dolan, a Rochester lawyer representing the Gerkens. ”This is really just administrative at this point." Dolan emphasized over and over again that Gerken’s family filed the notice of claim, the first step in a lawsuit, as a way of preserving their right to sue.

    They now have two years to decide.

    When asked what might convince the family to sue, or not sue, Dolan said that was a private family matter.

    Dolan declined to comment on what the family’s lawsuit might allege, but the notice of claim outlines two potential allegations. One, that Gerken was forced to leave the stadium while intoxicated and during extremely cold weather. Temperatures that night - the game was on a Thursday – dipped below freezing....

  9. #9
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    I voted NO!!!!!

    why doesn't this family just sue God... Or the powers that be... Who created substances that cause intoxication.,.

    (Sarcasm by me)

    People need to take responsibility for their own actions... For goodness sakes...

    Jeez....
    Last edited by IHAVENOCLUE; 06-22-2013 at 01:17 PM. Reason: Clarify...

  10. #10
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    Are they going to sue the rest of his party because they didn't leave the game when he got kicked out? If he was allegedly drunk and disruptive then the rest of his party should have known his condition. You would think at least one would have left to keep an eye on him.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight


  11. #11
    kaRN's Avatar
    kaRN is offline Verified Health Professional - Registered Nurse
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    They might have a case against whoever continued to serve the drunk drinks. They shouldn't have a case but I fear they might.

    Injustice for Caylee Marie Anthony.

    Copyright that Cindy

    Unless someone like you cares a whole awful lot. Nothing is going to get better. It's not. Dr. Suess

  12. #12
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    Quote Originally Posted by mysteriew View Post
    Are they going to sue the rest of his party because they didn't leave the game when he got kicked out? If he was allegedly drunk and disruptive then the rest of his party should have known his condition. You would think at least one would have left to keep an eye on him.
    They don't have any money. Also a lot of them are family, I believe. They're looking for the deep pockets.

  13. #13
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    Unhappy

    I am the mother of a beautiful 17 year old girl named Meredith who was killed on February 8, 2008 in a car accident in Chattanooga, TN. The accident was brought on by drunk driving. The adult who bought the alcohol for the teenagers he frequently had over to his house spent 6 months in jail. Time will tell if this was enough time. If he has bought alcohol again for a teenager, I haven't heard of it.

    There was talk of several other lawsuits, and I spoke with many attorneys. In the end, it just wasn't worth it. If I really thought that money could have brought healing to my family, then perhaps - but we all knew better than that. The man who was convicted lost his job and was all but forced to move out of state. Did the punishment fit the crime? Many say no, but I - her mother - say yes. It was time to let go. The grief is awful, even now, but to continue to bring it up and tell and re-tell the story in hopes for a buck - no thanks. I can speak publicly about Meredith's story in hopes that other kids and adults take heed. I can do all of that without other people's money.

    Thanks for reading,

    Rommelain
    Registered User

  14. #14
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    Quote Originally Posted by Rommelain View Post
    I am the mother of a beautiful 17 year old girl named Meredith who was killed on February 8, 2008 in a car accident in Chattanooga, TN. The accident was brought on by drunk driving. The adult who bought the alcohol for the teenagers he frequently had over to his house spent 6 months in jail. Time will tell if this was enough time. If he has bought alcohol again for a teenager, I haven't heard of it.

    There was talk of several other lawsuits, and I spoke with many attorneys. In the end, it just wasn't worth it. If I really thought that money could have brought healing to my family, then perhaps - but we all knew better than that. The man who was convicted lost his job and was all but forced to move out of state. Did the punishment fit the crime? Many say no, but I - her mother - say yes. It was time to let go. The grief is awful, even now, but to continue to bring it up and tell and re-tell the story in hopes for a buck - no thanks. I can speak publicly about Meredith's story in hopes that other kids and adults take heed. I can do all of that without other people's money.

    Thanks for reading,

    Rommelain
    Registered User
    That's awful.

  15. #15
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    I voted "other" because while I think it is morally reprehensible to file this lawsuit, I fear some bleeding heart will go along with the idea that personal/family responsibility does not exist any more. It may be immoral, but don't know if it's valid.

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