Drinking and eating can kill a friendship
OVERLAWYERED BLOG
In Personal Responsibility
So here's a quiz to see whether you have what it takes to be a trial lawyer: Man walks into a bar, has some drinks, rides over to a diner with his friend. At the diner, the man orders a sandwich, chokes on it, and dies. So the question is, who do you sue?
(A) You don't. It's nobody's fault; it was just a tragic accident. If anybody is to blame, it's the man who got drunk and then carelessly choked.
(B) The diner, for serving the sandwich.
(C) The friend, for driving the man to the diner.
(D) The bar, for serving him alcohol; if he hadn't been drunk, he might not have choked.
If you answered (A), you're new here, aren't you? If you answered (B), (C), or (D), well, you're getting warmer, but you're not quite there. As every real trial lawyer knows, the answer is (E) The diner, the friend, and the bar.
In 1991, a man from upstate New York named Thomas Filiberto had some drinks at a bar Tavern, and then was driven over to a diner by his friend, who also happened to be the bartender. Filiberto ordered a hot roast beef sandwich, choked, and died, despite the attempt of other diner patrons to save him. His family sued everybody "involved" -- and I use the term loosely. The bar, the bartender/friend, and the diner. |
