As previously discussed on this blog, a NYPD officer Richard Christopher drove his truck the wrong way on the thruway. He, along with James DeVito, who was heading in the opposite direction, were tragically killed. The local paper reported that there is no evidence of alcohol. However, pursuant to N.Y. County Law Section 677, any fatality stemming from a motor vehicle accident requires that the coroner test for alcohol and report same to the Department of Motor Vehicles. So, the issue is not yet resolved. If it turns out that alcohol was involved, and further that the alcohol was served by a restaurant or bar to a "visibly intoxicated" person, then the restaurant or bar can be held liable under New York's Dram Shop Act.
By Howard Stolzenberg of StolzenbergCortelli, LLP posted in Car Accidents on Friday, August 15, 2014.
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