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StumbleCourt: Casinos, bars aren’t responsible after drunken patrons leave
Thursday, Oct. 1, 2009 | 4:31 p.m.
Sun Archives
CARSON CITY – A tavern or casino owner who evicts a rowdy drunk customer does not have a duty to prevent a later injury, the Nevada Supreme Court has ruled.
It rejected the appeal of Fabian Santiago, who at age 17 was drinking with his two step uncles at Buffalo Bill’s Resort and Casino in Primm in March 2005.
They were disorderly, getting in face-offs with other guests, punched one guest, and kicked and knocked on hotel room doors. Security officers ordered them to leave the property.
The trio went to their car and one of the uncles, Manuel Garibay, drove out of the casino at about 80 mph, authorities said. He mistakenly believed a frontage road was the freeway and the vehicle rolled.
Fabian suffered severe spinal injuries and his guardians filed suit against the casino and the parent, Primadonna Company, which was a part of then-owner MGM Mirage. It accused the hotel of acting negligently when it evicted the three from the property and allowing Fabian to be a passenger in a car driven by his intoxicated step uncle.
The Supreme Court, in an opinion written by Chief Justice James Hardesty, said “We conclude that the eviction was reasonable as a matter of law.”
Hardesty said “…we conclude that a proprietor does not, as a matter of law, have an affirmative duty to prevent injury to an intoxicated patron subsequent to an eviction.”
It upheld the rulings of District Judge Elizabeth Gonzales, who granted a summary judgment in favor of casinos and the decision of Judge Stewart Bell not to grant attorney fees and costs to the clubs who maintained the suit was frivolous.
Fabian maintains the three were going to leave the hotel and “sleep it off” in their vehicle. Manuel Garibay, who did not have a valid driver’s license, told the other uncle, Daniel Garibay, he was sober enough to drive.
The accident left Fabian a quadriplegic.
In another ruling, the court rejected the appeal Leland Ozawa, who claims he was improperly dismissed as a part-time pilot for Vision Airlines in Las Vegas for organizing other pilots to get more money for attending training sessions.
Ozawa was an “at will” employee and the airlines can dismiss that class of a worker with or without cause as long as it does not offend the state’s public policy, the court said.
It said Ozawa had an “alternative remedy” of filing suit in federal court, which deals with these types of issues.
“Accordingly, because Ozawa had an adequate remedy, we affirm the district court (Judge Charles Thompson’s) order granting summary judgment on his claim for tortuous discharge.”
Ozawa asked the Supreme Court to recognize an exception to the “at will employee” law to protect these workers’ jobs when they seek to better their compensation or working conditions.
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Fabian is a quadrapalegic? It looks like justice was served without any police or court involvement at all.
Another A**hole paying for his actions
Why don't they sue the driver, he got on the wheel drunk. Drunk drivers will always tell you that they are not drunk and ok to drive. Sue the driver.
It was the scumbag uncle's fault not the kid's fault, you dbags
This is what I see as 3 illegal Mexicans doing what they do best: drink beer until they're oblivious and then mistake a little frontage road for a 4 lane freeway.
afvet, you racist bigot - in the article is does state they are illegal! again, YOU ARE A D-BAG!
That just shows you how ignorant afvet is. Hew's probably a skinhead .
almost won a darwin award!
adrianhu: it does not state they are not illegals and with 32 million illegals he is more right than wrong. Mexicans go home!!!
you too LV2009, your racist attitude is what makes nevada a dump!
32 million illegals, so you are inferring that the whole population is illegal? you should stop doing drugs before you read the paper!
Afvet:
Your colored comment is right out of the 1950' southern dogmatist play-book. I'm impressed with your consistent malice of race and your failure to chat about what is black and white in the commentary.
Do you read any of the rebuttal posts, are you cognizant of your underdeveloped ideas that cause mischievousness for our community and country as a whole.
I never want to hinder, impair anyone's creativity in any discussion, or to single out anyone for a confrontation, but at times I'm compelled to address obvious hatred for our fellow human beings.
Moreover, your use of such a broad brush is inclusive of fellow citizens and hard for me to think that you are so jaded. Take some time for yourself; invest in your personal mental health, you will be a happier person to be around. Don't allow this sickness for others to consume you. I enjoy that you participate in these forums and hope that you continue to do so.
Afvet:
This is what I see as 3 illegals doing what they do best: drink beer until they're oblivious and then mistake a little frontage road for a 4 lane freeway.
This is better wouldn't you agree.
As a fellow Afvet I extend my hand.
on a different note, shouldn't the cops be called in when any drunk is thrown out of a bar or casino, maybe they can make sure they don't get in a car and kill innocent people.
Hallelujah. Some common sense in the courts.
So...what affect might this have on laws about over-serving an intoxicated person? In some states, the server and/or the establishment is held liable.
I'm always gratified that telling the truth strikes nerves in regards to obvious problems within the society. Many brainless leftwingers deliberately ignore the problem illegal Mexicans (like the ones in the story) cause while they're here illegally. Look at the tax dollars cost this illegal will cost us the citizens of the state and nation. Millions, and for what? For being a member of a beer-oriented society that has no regard for themselves or others? For being members of a society that has little regard for laws?
BTW, the af in the screen moniker isn't for "air force". It stands for other branches I served in. Tidbit to prevent preconceived notions, and to always tell the truth, no matter who it stings.
Probably weren't wearing seatbelts either. "17" years old, most likely a fake ID. So many things this kid and his relatives did wrong that night and now he wants to be compensated for their idiocy? Get real!
I've seen them put drunks out on the street, I hope the run over the families of the people who feed them the booze so they would loose their money.
If they found that the casinos were liable then this would open up the door for a whole lot more law suits !! (Which they probably should have because other states ruled against the establishments) but then state would lose money because Alcohol is a TOOL the casino's use to lure patrons and gamblers to spend more money !! its a catch 22 for the state of Nevada who many of the politicians are in the pockets of the casino's anyhow.
Also Nevada was built on drinking and gambling, even Las Vegas was built as a train stop between LA and Salt Lake city, So he booze is the lifeblood which flows through the veins of this state, not a surprise of the ruling ... The story was not about the race of the patrons but when and if the bartender(s) should have cut them off.
I applaud a man's convictions as much as the next, as I'm a man who stands by my convictions too.
I assure you my skin is thick and the so-called sting of supposed prospective truths is painless, and much less meaningful when its origin is of a slave mentality; "the truth shall set you free" don't allow yourself to be bamboozled.
I am in full agreement with most bloggers that the USA has an immigration problem, there are many foreign nationals of many colored skins who should not remain in our country without authority, and us Americans should never continue to pay for their up-bringing, except, to single out only Mexicans in this thread attack as only being illegal's is in poor taste, p-c (political correctness) when the article never mentions anything about the citizenship status of Fabian Santiago or his uncles.
However, if you, on the other hand, have information which proves your point about these individuals then by all means post it with a link for verification. I just find it hard to come away with anything but a sense from all your posts that you have deep hatred for Mexicans or that race, regardless of their American citizenship. I don't mind that you have an extremist opinion, just know that for most people "once they have seen the Beast "28", they will always recognize it" in any dialog.
The truth is there for all to read and digest.
I am violently opposed to illegal immigration, especially illegal Mexicans since they constitute 90% of the problem and since they have caused us billions in dollars that could have been used for our own citizens in these hard times of recession. If the public doesn't wake up and do what is necessary to protect ourselves from their destructive society (look at the mess the cartels have unleashed on their own people), it may be too late to save the most afflicted states along the border.
I don't think blaming "we the people" for the illegal invasion is right. There have been citizens screaming for ICE to do their jobs and protect not only our citizens but our country. These screams of help have fallen on deaf ears.
We wouldn't have illegal aliens working if AMERICAN citizens would stop hiring them. THat's not going to happen and we have only ourselves to blame so quityerbitchin and move on with life!!
Living a life of half truths and white lies has caused the moral decay of America and will continue to do so until us Americans, and the world for that matter, stop being slaves to the lies. "The Illuminati Formula Used to Create an Undetectable Total Mind Controlled Slaves" is a must read for the emancipation of America once again or the following American generations will continue down an inexorable path of dehumanization and a drone life.
It is disingenuous to bestow the claim that illegal immigration is without merit to our society and has not helped the advancement of America's past, present, and future economic standing. The food source that America has provided the world and continues to provide did not occur without illegal migrant workers, wake-up, and stop the lies. America has used illegal migrant farm workers to help corporations and individual business owners alike produce phenomenal profit margins.
Everyone in America has enjoyed low cost (compared to other parts of the world) food from the sweat off of the backs of slaves and then illegal migrant workers. Also, where it not for the food that America provided, many parts of the world after the world wars those places would not have grown either. It doesn't stop there; illegal's have worked in America longer that some people have lived in America, producing everything, from nick-nacks paddy-wacks give a dog a bone, you name it, illegal's have been instrumental or a part of the process to which that has improved our standard of living.
It is only now in these difficult economic times that we see the manifestations of deep rooted hatred for dissimilar humans raising its ugly head to try and permeate America's ideology. Five years ago when America was in the midst of its boom years we could not get enough laborers legal or otherwise to help in our growth.
Undocumented, illegal immigrants, is not the cause of our economic woes, they are but undocumented. Where they to be documented we would still require the services they provide. This conundrum has two sides, the paper-work side which is minimal to the problem, and the selfish part, that which makes it a problem to begin with. Now that more people need to work at lower wages and there are fewer jobs available, the selfish must find a scapegoat, hence the illegal hoopla, America is not about selfishness, never was, never will be.
In most jurisdictions if a business serves you so much booze that you become drunk (and therefore dangerous behind the wheel), that business may be held liable for harm caused by you after you leave the business drunk (and dangerous). Therefore bars can be held liable for harm caused by their now drunk patrons after they leave the bar.
This ruling turns that long standing notion on it's head. The court seems to have made new law.
Here we have activist judges changing long settled law to favor business owners.
It wasn't that the business evicted rowdy patrons, it's that the patrons were fed enough booze by the business to become rowdy (and dangerous).
This ruling seems to allow businesses that sell booze to have zero responsibility for allowing a patron to get to be too drunk to drive. That's wildly irresponsible and will do nothing to reduce the traffic deaths that occur from drunk driving.
Afveteran,
I am a CURRENT member of the military serving in Afghanistan. Actually fighting in a combat unit to protect your RACIST and malicious stupidity. What did you do in the Air Force? I am assuming that you must have worked in services (you know what that is!). I would like one day to meet you and remind you that I entered the US Illegally and I now defend what is THE UNITED STATES OF AMERICA, not the WHITE STATES OF AMERICA. I am glad the Supreme Court ruled in favor of the business and we can start to put a stop to frivolous lawsuits in Nevada. Why can't you just comment on what's relevant? IGNORANCE and POVERTY are a great tool in inciting hatred.
States rights is a very important part of what the United Sates of America is all about.
Just because California decides to enact a really stupid law or regulation ( which they are famous for doing ) doesn't mean the other 49 states have to go along with it.
So the judge is not creating laws out of thin air in regards to this particular case. He is simply reaffirming the law as it already exists here in the state of Nevada
To all the idiot hand ringers, the people mentioned in the article were in Fact ILLEGALS. I worked out their in Primm when this happened.
So if you don't know what you are talking bout then shut up.
gunslinger if illegal immigration was controlled as our government promised us in the late 90's we wouldn't have the problems we have today. It's like saying that if the poor were the only ones robbing banks, that would be O.K. because they need the money. We are talking about breaking federal laws. If this is the case why have federal laws to begin with if they will not be upheld? I do feel sorry for the illegals because their countries do not take care of them, but why should the USA take care of everybody elses poor when we are having our own problems to deal with.
This has nothing to do with any religious beliefs because the different religions are already helping the third world countries.
This has to do with our Federal Government standing up to the problems and for once enforcing the laws on our books. Otherwise are we to believe that they ate trying to make us assimilate to the fact that they are getting us used to the new beginning of the North American Union?
So the courts ruled that the bars are not liable for not recognizing that the patrons they are serving are getting plastered or not. So that will lower the establishments insurance premiums considerably.
In the meantime it will allow these bars to fill their patrons non-stop untill they fall over to the floor. I guess at that point the bar will help them out to their cars so they can drive home safely.
Wouldn't you agree that the Justice James Hardesty should be held liable for not making sure the bar that has served drinks to the point that a person cannot function in a normal, sober way, and doesn't call the police and take the car keys away and provide the patron with a taxi ride home?
BEWARE: DO NOT DRIVE IN AND AROUND THE LAS VEGAS and HENDERSON AREA AFTER DARK, OUR JUDGES ARE ALLOWING DRUNKS TO CONTROL THE ROADS!?
"It rejected the appeal of Fabian Santiago, who at age 17 was drinking with his two step uncles at Buffalo Bill's Resort and Casino in Primm in March 2005."
The casino served liquor to a 17 year old and didn't lose it's license? I wonder if the 17 year old was also gambling at the tables.
Nevada's government of the casinos, by the casinos and for the casinos will never, ever, pass a law making it impossible for the casinos to purposely intoxicate their gambling patrons.
Hmm let's see. I got drunk. I got into a car whose driver was drunk. I got injured. Who can I sue? I know, the one with the deepest pockets.
The article did not mention if they were in the casino, bar or a hotel room. If they were drinking in a room, the story changes..17 yrs old?? someone should have done the right thing. Gunslinger, you are my new hero of the written word!!
AFvet: you not only give this state a bad name, you give a blackeye to all mankind. If your ideas are majority what a SAD, SAD place.
the colonists in Boston would use waste heat from heating their house to cook beans in an iron kettle over the hearth, later the Franklin stove made the process more efficient, with the beans slow cooking on top of the stove.
Recent immigrants will boil the beans, fry the beans, and re-fry the beans again. This uses four times the energy of the traditional Boston Brick oven baked bean processing.
This is why we have an energy shortage.
They should have called the cops and have them taken to jail, but the cops don't want to go to primm. The ambulance often comes from Baker, CA instead of Vegas for injured people at Primm.
The wool is being pulled over americans eyes, lets do something really stupid and then sue to get compensation for it..... I think i'll put hot coffee in my lap while im driving duh! its called karma...I mean I cant even imagine what the ramifications would have been if they all got into the car and the adults lit up a cigarette my lord that youg boy would be subjected to second hand smoke he MIGHT OR MAY get cancer and die good thing he only ended up a quadraplegic now he can still pay the medical companys money for the rest of his life. Americans need too get together and make all this s--t stop happening.....get a life pay it forward....
afveteran wrote:
BTW, the af in the screen moniker isn't for "air force". It stands for other branches I served in. Tidbit to prevent preconceived notions, and to always tell the truth, no matter who it stings.
OK I'll bite, what does "af" stand for?