Restaurant settles drunk driving wrongful death suit
A restaurant holding company has settled a wrongful death lawsuit with the family of a victim of a drunk driving car accident caused by an employee. The employee had been drinking after work at a restaurant one night before he got into his car and drove home. He crashed into another car which went up in flames, killing the other driver. It was later revealed that the employee had a blood alcohol level of 0.24, which is three times the legal limit in most states.
The driver in this case is not named in the wrongful death lawsuit, despite having allegedly been intoxicated at the time of the crash. Instead, the family of the victim is pursuing damages against his employer, arguing that his employer allowed him to drink excessively on the premises and then get behind the wheel. The family of the victim is also pursuing damages under theories of negligent hiring, retention, and supervision of the man that caused the crash.
The case has caused significant controversy in the restaurant industry. Some owners are speaking out against allowing the suit to continue, fearing expanded liability for employees who drink at work. Others are calling for increased awareness and better prevention of drunk driving dangers among industry workers and restaurant owners.
Many restaurants in the area where this accident occurred have taken steps to prevent employees from driving while intoxicated. One restaurant banned employee drinking on the premises entirely, while others have instituted one-drink limits.
Our New Jersey personal injury law firm handles a variety of car accident-related cases. More information is available on our website.
Source: The Post and Courier, “Husk owner agrees to settle wrongful death suit for $1.1 million” Teresa Taylor, August 5, 2012.