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SD lawyers- question here

6,544 1,490 August 20, 2012 at 11:16 AM in Chat
Long story short.

Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.

Case or no case?

Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
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Joined Jan 2005
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moey
08-20-2012 at 12:44 PM.
08-20-2012 at 12:44 PM.
How does she not know her drink is spiked!!! That being said she sounds pretty stupid but does have a case I would say.
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Joined Nov 2003
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HeyLookItsMe
08-20-2012 at 12:45 PM.
08-20-2012 at 12:45 PM.
Quote from nizzy1115 :
Long story short.

Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.

Case or no case?

Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
Quote from BostonGirl :
Ughh, I hate people who can't take responsibility for their own actions. You drink too much and fall, sue someone.
How about not going out to drink if you can't handle your booze? If I sued for every time I passed out and injured myself drunk, I'd be richer the Mr.SD..LMAO

Oh and far as someone "spiking" her drink, you don't leave your drinks unattended. Common sense right there.
The question really comes down to, IS THE BAR HONESTLY CREATING AN ENVIROMENT THAT WILL ENCOURAGE PEOPLE TO BE A DANGER TO THEMSELVES

Bars are responsible for ensuring that they dont continue to server people who are clearly "wasted" and for making sure that people have a safe way of getting home, but it is NOT their job to babysit everyone.
Quote from Iaaaiws :
Also as far as someone spiking her drink, unless there were any witnesses or any other proof that it happened, it likely wouldn't come into play in a trial.
its not clear if the people were bar employees or not...
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Joined Dec 2007
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menace33
08-20-2012 at 12:46 PM.
08-20-2012 at 12:46 PM.
Quote from Iaaaiws :
I wasn't referring to the questions. Just the conclusion you reached that she has a case without waiting for the answers to the questions. laugh out loud
How are most lawsuits like this won? One side or the other proves that one side is more at fault than the other side. Sure, both sides may be at fault, but a judge has to decide who was more at fault or who should have been more accountable. The original question was whether she has a case and I say Yes depending on how those questions are answered.
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chevvy
08-20-2012 at 12:47 PM.
08-20-2012 at 12:47 PM.
Someone spiking her drink is just her excuse to try and make herself not look like such a drunk douche. It's not the first time courts have heard this same case I'm sure.

Quote from menace33 :
How are most lawsuits like this won? One side or the other proves that one side is more at fault than the other side. Sure, both sides may be at fault, but a judge has to decide who was more at fault or who should have been more accountable. The original question was whether she has a case and I say Yes depending on how those questions are answered.
The bar would typically settle to keep their costs down. They go to trial and they have to pay attorneys, court fees, and they lose their insurance which means they then have to pay more state fees and go with a high risk (more $$$) insurer.
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Last edited by chevvy August 20, 2012 at 12:48 PM.
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menace33
08-20-2012 at 12:50 PM.
08-20-2012 at 12:50 PM.
Quote from chewspam :
The bar would typically settle to keep their costs down. They go to trial and they have to pay attorneys, court fees, and they lose their insurance which means they then have to pay more state fees and go with a high risk (more $$$) insurer.
Iagree
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Original Poster
PiratePenguin
08-20-2012 at 12:55 PM.
08-20-2012 at 12:55 PM.
Quote from chewspam :
Someone spiking her drink is just her excuse to try and make herself not look like such a drunk douche. It's not the first time courts have heard this same case I'm sure.
No she likely was. Every few minutes shed freak out and realize something happened up to her face and ask what happened, she'd be told and then it'd all start over again shortly later. The nurses were going to check her for rufies, but idk what happened but that was forgotten before she was released with her friends. Then again that could have just been from hitting the floor so hard. She was out cold for about a minute.
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BostonGirl
08-20-2012 at 12:57 PM.
08-20-2012 at 12:57 PM.
Quote from nizzy1115 :
No she likely was. Every few minutes shed freak out and realize something happened up to her face and ask what happened, she'd be told and then it'd all start over again shortly later. The nurses were going to check her for rufies, but idk what happened but that was forgotten before she was released with her friends. Then again that could have just been from hitting the floor so hard. She was out cold for about a minute.
Thats called a concussion. nod
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Joined Dec 2007
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chevvy
08-20-2012 at 12:58 PM.
08-20-2012 at 12:58 PM.
Quote from nizzy1115 :
No she likely was. Every few minutes shed freak out and realize something happened up to her face and ask what happened, she'd be told and then it'd all start over again shortly later. The nurses were going to check her for rufies, but idk what happened but that was forgotten before she was released with her friends. Then again that could have just been from hitting the floor so hard. She was out cold for about a minute.
Something tells me she's prone to blackouts. Go home and watch Body Shots. It will teach you everything you need to know about this event.....minus the rape.
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Joined Mar 2009
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Frogstar
08-20-2012 at 01:02 PM.
08-20-2012 at 01:02 PM.
Quote from nizzy1115 :
No she likely was. Every few minutes shed freak out and realize something happened up to her face and ask what happened, she'd be told and then it'd all start over again shortly later. The nurses were going to check her for rufies, but idk what happened but that was forgotten before she was released with her friends. Then again that could have just been from hitting the floor so hard. She was out cold for about a minute.
ERs being what they are, I'd generally expect the attending physician to order bloodwork if he thought there was any chance it would turn up anything unusual.
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Here's to the future
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Iaaaiws
08-20-2012 at 01:26 PM.
08-20-2012 at 01:26 PM.
Quote from nizzy1115 :
They sent $30 to cover her time and travel expenses for the disposition....its 55 miles away each direction. 110 miles * 55 cents per mile + tolls + parking in downtown chicago + days lost pay sucks. Add to it she doesn't want to go alone so I need to burn a vacation day to go with for all this stuff....Someone told me they demanded $500 and a phone interview and was granted it before...trying to do similar.

They want all the pictures from the night and my wife had the camera...said girl said to go through all the pictures and remove all the ones of her drinking...i said F it and give them all and not be tampering with evidence. I'd be pissed if the court ordered a seizure of all my computers (being a computer guy I have lots) because of this.
I bet the defense lawyer for the bar would be highly grateful to find out that the "victim" was trying to tamper with evidence and keep potentially incriminating pictures from becoming part of the lawsuit.

Popcorn
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Zoe Moon
08-20-2012 at 01:39 PM.
08-20-2012 at 01:39 PM.
Quote from nizzy1115 :
Long story short.

Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.

Case or no case?

Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
Quote from nizzy1115 :
I think the logic is most bars that allow dancing up high have a bar to prevent falling this but this one had no safety bar.
How about her using some common sense? You don't go near the edge if there's no bar to stop you from falling off the stage. It's a stage, not a bar or table, I'm sure plenty of musicians have managed to perform on that stage without doing a face plant into the audience, right?

Quote from mmathis :
Bartenders are responsible for everyone they serve drinks to, and they're not allowed to serve to intoxicated people. Her passing out is a good indication that she had too much to drink, possibly putting the blame on the bartender and thus, the bar.
According to the OP (see bolded part above and below), she hadn't had much to drink, so IF that's true, the bartenders are not libel.

Quote from nizzy1115 :
Truth is she really didnt have much to drink (was only on drink 2 at the bar after a couple hours) and had 1 short prior to leaving for bar but that was a 1 hr drive in a taxi.

Girl knows how to drink but was taking it easy.

Girl was surrounded by guys since walking into bar.
Who on earth would spend that much money on a one hour (one way) taxi ride? Crazy
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Original Poster
PiratePenguin
08-20-2012 at 01:44 PM.
08-20-2012 at 01:44 PM.
Quote from Zoe Moon :
Who on earth would spend that much money on a one hour (one way) taxi ride? Crazy
it was two vans split between them all...and it was so no one had to worry about driving. Trying to be responsible you know woot
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Pig
08-20-2012 at 02:09 PM.
08-20-2012 at 02:09 PM.
Dumbass girl and her friends drink too much and now want the bar to pay for it....sucks but that's the cost of doing business in a sue-happy society...
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Joined Nov 2003
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HeyLookItsMe
08-20-2012 at 03:16 PM.
08-20-2012 at 03:16 PM.
Quote from nizzy1115 :
They sent $30 to cover her time and travel expenses for the disposition....its 55 miles away each direction. 110 miles * 55 cents per mile + tolls + parking in downtown chicago + days lost pay sucks. Add to it she doesn't want to go alone so I need to burn a vacation day to go with for all this stuff....Someone told me they demanded $500 and a phone interview and was granted it before...trying to do similar.

They want all the pictures from the night and my wife had the camera...said girl said to go through all the pictures and remove all the ones of her drinking...i said F it and give them all and not be tampering with evidence. I'd be pissed if the court ordered a seizure of all my computers (being a computer guy I have lots) because of this.
good decision, you really need to not get in the middle though. you think you are doing the right thing but if chick is asking you to LIE for her (which she is by asking you to get rid of evidence) then its not worth it.

The BEST thing you can do for yourself is answer all questions honestly especially if they ask if she asked you to get rid of those pictures. its not worth perjurring yourself over...
Quote from Iaaaiws :
I bet the defense lawyer for the bar would be highly grateful to find out that the "victim" was trying to tamper with evidence and keep potentially incriminating pictures from becoming part of the lawsuit.

Popcorn
Iagree

Quote from nizzy1115 :
No she likely was. Every few minutes shed freak out and realize something happened up to her face and ask what happened, she'd be told and then it'd all start over again shortly later. The nurses were going to check her for rufies, but idk what happened but that was forgotten before she was released with her friends. Then again that could have just been from hitting the floor so hard. She was out cold for about a minute.
everyone has been there where they regret the decisions they made its easy to blame it on everything but yourself, she needs to start learning from her mistakes

Quote from nizzy1115 :
it was two vans split between them all...and it was so no one had to worry about driving. Trying to be responsible you know woot
but all she needed was 1 person to go with her in a cab....

thats like me taking an F-16 to the hospital after i get in a fender bender... the ER is not a party, there is no reason you needed 2 vans to get there and if you are looking for compensation for anything more than to get to the ER then you are SOL because that was your own trip on your own money....

if i go to disneyland and twist my ankle in a pothole, they dont pay for my plane tickets and i would never expect them to. I expect the to put a cone out to prevent others from being injured and i expect them to appologize to me and buy me an ankle brace and asprin. If they comp my tickets to the park thats awesome on their part but no way do they NEED to
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Last edited by HeyLookItsMe August 20, 2012 at 03:39 PM.

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Joined May 2012
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UncleJase
08-20-2012 at 03:26 PM.
08-20-2012 at 03:26 PM.
58 replies, how many are from lawyers? laugh out loud
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