Log in to WRAL.com with one click using your favorite social network:
OR
Log in using your WRAL.com account:



Wrong email/password combination.

Forgot password?

Register with WRAL.com using your favorite social network:
OR
Register for a WRAL.com account using our web form.

Login Options

10:42 a.m. • 2-12-12

Weather Forecast for Raleigh

  • Today: Clear.
    • Hi: 41° F
  • Mon: Partly Cloudy.
    • Hi: 50° F
  • Tue: Rain.
    • Hi: 53° F

Other Locations

> 7 Day Forecast

Doppler Image

Marketplace Links

Social Links

Main Menu

High Court Hears Dram-Shop Liability Case


e-mail print friendly
High Court Hears Dram-Shop Liability Case
High Court Hears Dram-Shop Liability Case

The state Supreme Court heard a case Tuesday that could affect the liability of every bar and restaurant in North Carolina.

A Durham County jury found Torero's II, a Mexican restaurant, responsible in the 1997 death of Michael Hall. William Terry drank heavily at Torero's before driving off and causing the wreck that killed Hall.

Hall's widow, Theresa Hall, sued for negligence and was awarded more than $1.2 million in 2004, but a judge set aside the verdict and award. The state Court of Appeals affirmed the judge's ruling last year, citing past court decisions that found forcing servers to evaluate every customer's behavior would be "unjustifiably burdensome" to business.

By law, North Carolina bars and restaurants are liable if they knowingly serve a drunk who goes on to hurt someone. But attorney Don Beskind said dram-shop liability laws should be written to make them responsible even if they don't realize the person is intoxicated until after the drinks are drained.

"When you know a patron is drunk and when you know the patron is going to drive, you can't just wave goodbye," Beskind said. "How much of an additional burden is it to ask them to offer coffee and offer to call a cab?"

Attorneys for Torero's declined to comment on the case. But they argued in court that the Supreme Court doesn't need to expand state law and reiterated the burden such a move would place on businesses.

State lawmakers have considered adding liability to bar owners, but the proposal went nowhere in the General Assembly.

Theresa Hall, who was injured in the wreck that killed her husband and still walks with a cane, said the 10-year legal battle has been exhausting.

"It's taken its toll on my family," she said.

The Supreme Court is expected to rule on the case in three to six months.

RELATED TOPICS: Supreme Court, Durham County, Durham

e-mail print friendly

8 Comments


WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved.

View Comments VIEW ALL 8 COMMENTS

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Latest Comments
What everyone needs to learn from this story is one thing.... Personal Responsibility! Period. Don't try to blame someone else for your bad judgement. The only reason that Mrs. Hall went after Toreros was MONEY! Her slithering lawyer's saw more insurance money so they went after the restaurant. This story doesn't mention that toreros was found not guilty during the initial trial. Mr. Terry admitted his bad judgement & was punished for it. His insurance company paid out the MAX but the greedy lawyers wanted more. Let's leave Toreros alone and focus on bigger problems of society.... Like the Crystal Mangums of the world!

In Raleigh, if you are at a bar and can not drive home, there is no reason to get behind the wheel. there are taxis and I'll bet most people don't know that Anhauser-Busch will actually pick up the tab. The 1 condition is that you give the keys to your bartender, he will give them to the driver and you get them when you get home, they even pay the tip. I am pretty sure they still run the program, it was in place when I was dispatcher for Yellow cab years ago

Last I checked (earlier this year), the only states that don't have dram shop laws were Delaware, Kansas, Louisiana, Maryland, Nebraska, Nevada, South Dakota and Virginia. They are very common, though some vary widely in scope.

It's about 2 things.. personal responsibility, which it seems very few people want... and of course $$$$.

The drunk probably has no $$$$, and let's be honest, people want the government to take care of them, more and more.

The biggest surprise for me here is that John Edwards isn't her attorney.

Hall's widow, Theresa Hall, sued for negligence and was awarded more than $1.2 million in 2004, but a judge set aside the verdict and award.

"When you know a patron is drunk and when you know the patron is going to drive, you can't just wave goodbye," Beskind said.

Theresa Hall, who was injured in the wreck that killed her husband . . .

These are quotes from the story. Am I the only person who sees the problem here?

View Comments VIEW ALL 8 COMMENTS
Report It

Multimedia

Click Here