Legislation would limit suits by drunk drivers

Legislation would limit suits by drunk drivers7:27 AM, Jul. 4, 2011 |Written byKathleen Hopkins | Staff WriterTRENTON — In response to a recent state Supreme Court decision in anOcean County case, an assemblyman has introduced a bill that would prohibitdrunk drivers from suing the establishments that served them liquor.Assemblyman John Amodeo, R-Atlantic, introduced the bill Wednesday inresponse to a Supreme Court decision June 1 that allows a Brick man to suea Toms River restaurant that served him alcohol before he crashed hismotorcycle into a car in 2006.Amodeo said his bill is aimed at closing a loophole in the law created by theSupreme Court decision.“Our state’s laws wrongly allow drunk drivers to avoid personal responsibilityfor their own awful decision to get behind the wheel after drinking,’’ Amodeosaid. “Operators of casinos, bars and restaurants shouldn’t have to worryabout frivolous lawsuits by those who have no personal accountability for theirown destructive behavior.’’Amodeo said the Supreme Court decision in the Ocean County case knownas Voss vs. Tranquilino was the inspiration for the bill.

In it, a split court said that Frederic Voss, 47, of Brick was not barred by statelaw from suing Tiffany’s Restaurant on Route 37 in Toms River.Voss had been drinking there on Nov. 9, 2006, before being injured in amotorcycle accident on Hooper Avenue in Toms River with motorist KristoffeTranquilino. Voss’ blood-alcohol level after the accident was .196 percent, ornearly 2 ½ times the legal limit of .08 percent.Voss’ lawsuit against Tranquilino was dismissed on the basis of a 1997amendment to the state’s automobile insurance law precluding drunk driversfrom recovering damages for injuries suffered in drunken-driving accidents.Lawyers for Tiffany’s tried to have Voss’ lawsuit against the restaurantdismissed, based on the amendment to the automobile insurance law, butJudge John A. Peterson in Ocean County allowed it to proceed under theearlier law designed to hold tavern owners responsible for overservingpatrons. That spurred a series of appeals by Tiffany’s.The Appellate Division of Superior Court upheld Peterson’s ruling last year,saying that to immunize liquor establishments from such claims would beagainst the state’s policy to curb drunken driving. A five-member majority onthe Supreme Court upheld the Appellate Division, saying the 1987 law wasnot in conflict with the clause in the auto insurance reform law. Two justices,Barry Albin and Roberto A. Rivera-Soto, however, dissented, saying theinsurance law barring drunk drivers from suing was crystal clear, and the courtmajority took it upon themselves to rewrite it.“The court clearly defied the will of the Legislature when issuing this decision,and I encourage the leadership in both houses to consider (Amodeo’s bill) assoon as possible,’’ said Marcus Rayner, executive director of the New JerseyLawsuit Reform Alliance, a group aimed at curbing frivolous lawsuits.“The New Jersey Supreme Court’s decision in Voss v. Tranquilino allows aconvicted drunk driver to use our court system to profit from the poor choices

he made, at the expense of New Jersey’s business community,’’ Rayner said.“This decision was a kick in the gut to New Jersey’s restaurateurs. (The bill) isthe first step toward protecting our business community from the SupremeCourt’s misinterpretation of the law.’’Amodeo said his bill also would prevent passengers riding in cars driven bypeople they know to be drunk from suing the establishment that served thedriver.“We all enjoy going out and having a good time, but there has to be a pointwhere we have to be responsible for ourselves,’’ Amodeo said.“I agree the tavern owner has a responsibility also, but the tavern owner hasemployees working in busy bars, serving many people,’’ he said.“We should have no tolerance for drunken drivers, and they should be heldresponsible for their own actions,’’ Amodeo said. “Businesses should not bepenalized for other people’s stupidity.’’The assemblyman said he expects the bill to have bipartisan support andhopes it will soon be considered by the Assembly’s Law and Public SafetyCommittee. Assemblymen Michael Patrick Carroll, R-Morris, and ErikPeterson, R-Hunterdon, are co-sponsoring the bill.

Legislation would limit suits by drunk drivers

by http://www.slideshare.net/NJLRA/edit_myinformationMarie McDonald on Nov 15, 2011

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