From The Tennessean-
"Bryson Maynard slammed his car into a utility pole after an evening of drinking and died from head injuries last year.
Now, the 20-year-old's family contends any establishment that sold Maynard alcohol that night should be held accountable.
The family filed suit in Davidson County Circuit Court in August alleging that a bowling alley and a nightclub knew they were serving alcohol to an underage drinker — and that their actions resulted in his death."
To me i think this is crazy to sue over your son's death. I am very sad that their family lost someone so young. It sucks to lose someone like that. BUT, Bryson Maynard decieded to drink and drive. He was 20 years old, he was old enough to make the decision of what to do. He got in his car and took the chance to drive.
More from "the Tennessean"
Maynard, according to the lawsuit, began his evening drinking at the Donelson Strike & Spare bowling alley. A lawyer representing the bowling alley, Nashville attorney Richard Moore, said he was still investigating the case and would respond to the accusations in court.
Maynard left the bowling alley and went to the Red Iguana, a former downtown nightclub, and drank until 2:30 a.m., the complaint says.
Representatives from the Red Iguana could not be reached for comment.
Maynard then drove to a friend's house, realized that he'd left his cell phone at the bar, went to retrieve it and wrecked on Hermitage Avenue about 4:30 a.m."
Maynard was not that drunk to make decisions. He knew that he left his cell phone at the bar. He should of stayed home at the point and tried later. I just think that the family should not sue. They are already saddened by the death of their loved one. They shouldnt bring it back up. The newspaper is saying that the laws make it very hard to win this case. Why do this and bring everything back up. You have been through enough. That is just my thought though.
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~Fallon~
"Do not be too moral. You may cheat yourself out of much life. Aim above morality. Be not simply good; be good for something." Henry David Thoreau
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if, indeed, they did know he was underage, but served him anyway (or didn't card him) they are breaking those laws.
As to them being responsible for the kids death.....
, that's a bit of a stretch to me.
However, per the state law, he actually wasn't old enough to make those decisions to drink, as he was still underage for alcohol.
I just don't know that the bar and bowling alley is legally liable.
That said, I thought some states did have a law stating that the bars are legally liable if they serve someone who is knowingly drunk. I don't know if TN has that law though.
A horrible and sad event, but I don't think they have much legal ground to stand on, unless they're going to base the case on the laws existing in other states. (which they can do, and may have some weight in the federal courts.)
Of course, most parents would blame anything and anyone BUT the kids. My parents aren't like that at all. If something happens, they'll assume it's my fault right away unless I prove them wrong. I'm not sure if that's a good thing or not though...if the guy's parents are really suing. I highly doubt they will win the case.
I agree. It is the sellers job to check right i.d but at the same time he was a big boy, and can make his own decisions.
He knew what he was doing, and the 'Red Iguana' also should have not sold liquor to him. I am very sorry for the family, but still...I think they are looking for a scape goat and this is an easy way out. 'Dont blame the guilty, Blame the 3rd party' is how everything seems to be going now day.
Well, like I said, the bar and bowling alley are definately needing to be hit with 'serving minors' charges... which is just an adminstrative fine I believe , unless they have a long history of it)
Unless TN has a law holding the sellers of alcohol liable for the actions of those ON alcohol..... I think the case doesn't have much of a chance.
Now, if they knowingly served a minor, that'd give more of a chance of the courts finding in favor of the family.
However, I think it goes without saying that the real winners here are the lawyers, who generally get paid whether they win or lose.
I am really sad that someone died; I had a very close friend who passed away in a car wreck, but the drinking and driving thing makes me lose a lot of sympathy. If Bryson made the decision to order and drink alcohol even though he was underage, it was his decision! He also decided to drive which can hardly be blamed on the establishments he patronized that night. Though they lawfully should have checked his ID, he made his own choices and sadly, they turned out to be bad ones.
hey guys here is the article if you want to read
http://www.tennessean.com/apps/pbcs.dll/article?AID=2007709240363