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Widow: 'They were sober enough to know better'


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Theresa Hall
Theresa Hall

A Durham woman says she believes the bar that served a drunk driver was partly responsible for her husband's death, even though the state Supreme Court doesn't support her legal claim.

After drunken driver William Terry left Torero's II Mexican restaurant in Durham on Dec. 3, 1997, he hit a car in which Theresa Hall was riding, authorities said. Her 39-year-old husband, Michael, was killed in the crash.

"He was my heart and my soul. He was the man I was going to spend the rest of my life with,” Theresa Hall told WRAL News Monday.

Terry served six months in jail, but Theresa Hall's attorneys said the restaurant should be held liable for her husband's death.

"They (bar servers) were sober enough to know better,” Theresa Hall said.

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

On Friday, a divided vote by the Supreme Court, 3-3, left the Court of Appeals ruling in place.

"I feel like the judicial system has slapped me in the face and said, 'His death doesn't matter,'” Theresa Hall said.

She was injured in the wreck and still walks with a cane, and she said she would take her cause to lawmakers. She wants to make legislation on the liability of bars clearer in memory of her husband.

"I'd tell him (Michael) that I am sorry and that I fought with everything I had,” she said.

By law, North Carolina bars and restaurants are liable if they knowingly serve a drunk who goes on to hurt someone. Rep. Paul Stam, R-Wake, said bars should also take reasonable steps to keep drunken customers from driving.

RELATED TOPICS: Supreme Court, Durham

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119 Comments


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Incensed ""Why should a bar, convenience store or any place that sells alcohol be responsible for the actions of a drunk. It is up to the person to take that responsibility for themselves. I don't see any difference in a person using a gun, a knife, or an automobile in taking another person's life. ""

EXACTLY!!

The question is: Is the court allowing the law to be enforced.That answer is no.What is the reason the law is not being enforced?We must not underestimate the power of money on our elected court officials.The alcohol industry's money in the State of North Carolina is more powerful than the gift of human life.

to TheAdmiral:

So what you are saying is that it is ok for these businesses to profit and not have any responsibility?

Of course they have a burden of responsibility. It is not up to me to tell them how to run their bar but if they knowingling allow someone to leave their establishment drunk as all get out and that person drives off and kills someone, then yes, they are just as responsible.

What most people miss here (going off of your responses) is that you were sober when you chose to start drinking in the first place...you had no plans to get home without endangering others. If you make the choice to go out and drink and not have a way home without driving then you made the sober choice to do it in the first place...Anyone who kills someone with the car and is proven to be negligent should spend time in jail.

....what about the family that they destroyed by drinking in and driving and killing in the first place? We always tend to forget the victim and focus on the criminal...

Suppose a person leaves a bar after drinking only 2-3 drinks, but then goes to another bar and drinks 2-3 more. Which bar is responsible? Neither, the drunk is responsible.

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