Posted by
Message
rumproast
LSU Fan
Member since Dec 2003
11432 posts

So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
This is nuts!

LINK


teke184
LSU Fan
Zachary, LA
Member since Jan 2007
60677 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Does this mean no gas stations near the reservation?


Replies (0)
Replies (0)
172
kjp811
LSU Fan
Denver, CO
Member since Apr 2017
460 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
A. The Accident
{4} In his pleadings before the United States District Court, Plaintiff provided the following factual background of the events in question. On December 29 and 30, 2011, during a night of drinking extending into the early morning, Andy Denny drove his automobile until it ran out of gasoline near Tohatchi, New Mexico. Denny and his passenger walked to Defendant’s gas station in Tohatchi to purchase gasoline so that Denny could continue driving. Upon arrival at the gas station, both Denny and his passenger were intoxicated.

{5} While at the gas station, Denny learned that there were no empty gas cans for sale. Denny and his passenger decided to purchase a gallon of water and empty it to use as a container for gasoline. Initially, because they were intoxicated, the clerk working at the gas station would not sell anything to Denny or his passenger, but the clerk ultimately sold the gallon of water and a gallon of gasoline to Denny. After filling the gallon container with gas, Denny and his passenger left on foot and walked back to Denny’s vehicle. Denny and his passenger then drove back to the gas station and purchased an additional nine gallons of gasoline for Denny’s car.

{6} After driving away from the gas station, Denny dropped off his passenger. He then returned to the highway. As he drove, his vehicle crossed the centerline and then collided with the oncoming vehicle of Marcellino Morris. Morris was killed in the collision.

{7} An officer responded to the scene of the accident where he observed signs that Denny was intoxicated. The officer also observed that Denny was repeatedly dozing off. At the scene of the accident, Denny took a breathalyzer test “and blew a 0.080 BAC.” Nearly four hours after the accident, a blood sample revealed Denny’s blood alcohol concentration of 0.176. Denny was arrested for driving while under the influence, vehicular homicide, and driving left of center.


Shexter
Prairieville
Member since Feb 2014
8424 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

While the Marcellino Morris family clearly suffered a terrible loss, it’s not hard to imagine that the family’s attorney is simply looking for a deeper set of pockets to go after if Andy Denny isn’t a person of wealth.


Replies (0)
Replies (0)
110
Glorious
Central Florida Fan
Mobile
Member since Aug 2014
16248 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Feels like that'd be really difficult to prove as a Plaintiff. Unless you have video of the drunk stumbling heavily in the gas station I dont see how they could be found liable.

quote:

a blood sample revealed Denny’s blood alcohol concentration of 0.176. Denny was arrested for driving while under the influence, vehicular homicide, and driving left of center.


Depending on how far the walk was, dude was probably visably hammered when he was buying the gas




This post was edited on 7/22 at 2:35 pm


Replies (0)
Replies (0)
05
HogBalls
Arkansas Fan
Member since Nov 2014
6546 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Biden’s America


Replies (0)
Replies (0)
48
rumproast
LSU Fan
Member since Dec 2003
11432 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Some $8 dollar an hour nightshift convenience store worker now has to make calls on the ability of a patron to operate a motor vehicle. (Better hope they are right, because if they refuse to sell gas, and the person is NOT intoxicated...and then gets run over walking down the highway, they will probably get sued for that too.) Refusing to sell gas to somebody at 2 a.m. is probably a good way to get shot..... I think this decision is terrible.


Mr Clean
Columbia Fan
Iberia Parish Drug Cartel
Member since Aug 2006
44748 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
You can be sued for anything and be held liable if it’s found that you didn’t act in a reasonable manner


DirtyDawg
Georgia Fan
Straight outta Cobbton
Member since Aug 2013
11053 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
That seems super hard to enforce/track


How the hell are the employees supposed to keep track of everyone getting gas, especially with pay at pump?


BenDover
SMU Fan
Member since Jul 2010
5023 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Everyday we inch closer and closer to a society with 0 accountability.


Replies (0)
Replies (0)
112
TD SponsorTD Fan
USA
Member since 2001
Thank you for supporting our sponsors
Advertisement
USMEagles
Southern Miss Fan
Member since Jan 2018
7503 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
If he really blew 0.080 at the scene he may not have been noticeably drunk, to a non-trained person.

The blood test is irrelevant, in my opinion. I'm not an attorney but if I were a juror that'd be my attitude for sure.


threeputt
Notre Dame Fan
God's Country
Member since Sep 2008
24304 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
Newsflash. Anybody can be sued for anything.




And, it is illegal to sell alcohol to intoxicated people.


Replies (0)
Replies (0)
24
kjp811
LSU Fan
Denver, CO
Member since Apr 2017
460 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

Some $8 dollar an hour nightshift convenience store worker now has to make calls on the ability of a patron to operate a motor vehicle. (Better hope they are right, because if they refuse to sell gas, and the person is NOT intoxicated...and then gets run over walking down the highway, they will probably get sued for that too.) Refusing to sell gas to somebody at 2 a.m. is probably a good way to get shot..... I think this decision is terrible.


Right, wrong, or indifferent, here's the kicker of this case in my eyes.

"Initially, because they were intoxicated, the clerk working at the gas station would not sell anything to Denny or his passenger, but the clerk ultimately sold the gallon of water and a gallon of gasoline to Denny."


Replies (0)
Replies (0)
61
MoarKilometers
Florida Atlantic Fan
Member since Apr 2015
11090 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

If he really blew 0.080 at the scene he may not have been noticeably drunk, to a non-trained person.

The blood test is irrelevant, in my opinion

Blood test is much more accurate than a breathalyzer... especially when establishing a blood alcohol level


Replies (0)
Replies (0)
20
LegendInMyMind
Member since Apr 2019
21334 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
He's just as liable if he sells gas to a sober person who then gets drunk the next day and drives the vehicle with that gas in it and crashes into a church van, right? Right?

Such horse shite.


Replies (0)
Replies (0)
52
Dizz
USA Fan
Member since May 2008
12305 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

That seems super hard to enforce/track How the hell are the employees supposed to keep track of everyone getting gas, especially with pay at pump?


The only reason this came up is because the guy went inside and was so drunk the clerk wouldn’t sell him anything at first. The ruling only said the gas station could be found liable not that they were. This is a unique set of facts which may result in them having some fault.


CocomoLSU
Penn State Fan
Inside your dome.
Member since Feb 2004
141415 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

a gas station owner can be sued if he sells gas to a drunk....

stout's butthole just puckered up a little bit.


Replies (0)
Replies (0)
30
tigergirl10
Member since Jul 2019
6519 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

You can be sued for anything and be held liable if it’s found that you didn’t act in a reasonable manner
You can be sued for unprotected sex or sex with a prostitute?


Slagathor
Makin' jokes about your teeny tiny
Member since Jul 2007
32168 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

You can be sued for unprotected sex or sex with a prostitute?


sorry you can't get gas in Texas, Walt, but don't take your anger out on sex workers


Replies (0)
Replies (0)
20
JonTheTigerFan
LSU Fan
Central, LA
Member since Nov 2003
6090 posts

re: So now in New Mexico, a gas station owner can be sued if he sells gas to a drunk....
quote:

At the scene of the accident, Denny took a breathalyzer test “and blew a 0.080 BAC.” Nearly four hours after the accident, a blood sample revealed Denny’s blood alcohol concentration of 0.176.


So he blew a .08 in a breathalyzer at the scene and the blood test showed more than double that 4 hours later???


first pageprev pagePage 1 of 2next pagelast page

Back to top

logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram