BEREA —
When George’s eyesight began to blur at Mr. Hopple’s Christmas Eve dinner party, George mistakenly concluded that he needed stronger glasses instead of weaker drinks.
The result?
George had a few more refills and, by the time he drove home, he was unable to spot Timothy crossing an intersection and hit him.
Crash landing in a hospital, Timothy not only sued George for his injuries – he also sued Mr. Hopple.
“He can’t sue me,” protested Mr. Hopple in court. “I wasn’t driving George’s car. At the time of the accident, I was home in bed waiting for Santa Claus.”
“Maybe so,” responded Timothy, “but he’s still the guy to blame. When you consider how he plied George with drinks, the accident was more his fault than George’s.”
IF YOU WERE THE JUDGE, would you make Mr. Hopple pay Timothy for his injuries?
This is how the judge ruled: NO! The judge held that a host cannot be held accountable if a guest exceeds his liquor tolerance at a social gathering. The implication of ruling otherwise, noted the judge, would be too far reaching. For example, a host would have to be able to determine how much liquor each of his guests could hold at gatherings such as family celebrations and picnics, and how could he be expected to determine that?
(Based upon a 1977 New York Court of Appeals Decision)
Jack Strauss, a retired New York City trial attorney who now resides in Berea, wrote a syndicated column for 36 years called, “What’s the Law?” It appeared in papers coast to coast, including the Pittsburgh Press, the Los Angeles Examiner, the Hartford Times, the Kansas City Star and the Philadelphia Daily News, among many others. It appears here with his permission.
Copyright, 1979, United Feature Syndicate, Inc.
Viewpoints
Related Photos
-
Jack Strauss
The case of the Christmas Eve guzzler
You be the judge
- Viewpoints
-
-
Coal problem worth tackling in Washington and Frankfort
Despite hysterical cries from radical environmentalists, neither Sen. Rand Paul’s Defense of Environment and Property Act nor Sen. Mitch McConnell’s Coal Jobs Protection Act would allow activities that bring harm to Kentucky’s wildlife or waterways for the sake of propping up the coal industry.
-
Peter Perlman — Life lessons from a lawyer’s lawyer
One of the great moments of my life was sitting next to legendary Louisville attorney Frank Haddad at a luncheon when he learned he had received the first Peter Perlman Outstanding Trial Lawyer award from the Kentucky Academy of Trial Lawyers.
As they started his bio, the surprised Frank started crying like a baby. A sudden heart attack took him less than a year later. Winning the Perlman award was the crowning achievement of his career. -
Credit score insanity
Frequently, people stop me and ask me personal finance questions.
The most common is how to improve their credit history score.
If you need to improve your credit score, it means you have lousy credit. Before fixing the score, people need to ask how their credit got so bad to begin with. -
‘Tells’ about who will blow their money
Kentucky Derby week is one where gambling takes a forefront in my life. Along with the non-stop activities in my home state, I am speaking at a dinner for the Society of Settlement Professionals in Las Vegas and a film crew from Italy is flying in from Rome to interview me for a documentary about lottery winners.
-
Viewpoints change when critics gain power
Scandals like those roiling Washington often look more or less nefarious as time and facts unfold. After all, what at first looked like a third-rate burglary turned into Watergate.
I doubt the scandals around Benghazi, the IRS and subpoenas of Associated Press phone records reach Watergate status — but we must await more information and time to know. -
Trouble’s last ride
When announcing my retirement, I made reference to letting “Trouble” having one last ride.
-
Going from school to work requires preparation, faith
(Editor’s Note: After graduating from EKU on Saturday, Seth Littrell came to work Monday at the Richmond Register as a reporter/photographer.)
This past Saturday weekend I graduated from Eastern Kentucky University with my bachelor’s in journalism.
It was the single goal I had been working toward for the past four years, and as I walked across that stage I realized I was the first person in my family to do so. -
Report on former EKU Center for the Arts director called 'biased, unfair'
I am writing in response to the Richmond Register’s May 3, 2013, article concerning the former Executive Director of the EKU Center for the Arts. The article I reference appeared on the front page of your newspaper with the headline “Sexual harassment, other offenses alleged in Hoskin’s records in 740 pages of documents.”
-
Recognizing those who provide care
How fitting it is that the beginning of National Nursing Home Week is Mother’s Day, May 12.
-
That’s just how it is: Part four
I mentioned in the first column in this series that I still get razzed for wearing Marshall University Green.
Former EKU President Joanne Glasser always teased me about it. She told me I looked much better in maroon, and I always reminded her I bleed green. I don’t think she ever really cared. - More Viewpoints Headlines
-
Probe Begins After Conn. Commuter Trains Crash
NTSB Begins Investigation Into Conn. Train Crash
Lotto Fever Sweeps the Country
Conn. Commuter Trains Collide; 60 Go to Hospital
Coffee Run Leads to Hatchet Hitchhiker Arrest
Fmr. IRS Head Insists No Politics in Targeting
CDC: Fecal Bacteria Common in Swimming Pools
$1 Million in Jewels Stolen at Cannes Film Fest
NM Mom Chases Down Child Abductor
Raw: Crash Sends Car Into Fla. Pool
Raw: Obama Sits Down With Elementary Kids
Raw: Bear Falls From Tampa Tree
Ousted IRS Chief: Errors Not Caused by Politics
Terror Suspect Due in Court in Idaho Friday
Raw: Driver Ejected From Truck, Over Bridge
Could Tobacco Be the Next Biofuel?
Wash. State Releases Draft Rules for Legal Pot
Dying Man's Blinks Lead to Murder Conviction
Officials: Texas Tornado Likely Had 200 Mph Wind
Brothers Arrested in NOLA Parade Shooting
