Drunk Driving Liability

As a personal injury trial lawyer in Georgia, I have often told clients that they do not want what goes with the kind of case that makes headlines. It is better to have good health than a multi-million dollar injury case.

A recent New Jersey case is a good illustration of that.

In 1999, an Aramark concession employee at Giants Stadium broke stadium rules by continuing to sell beer to a fan who had been drinking much of the day and was slurring his words. The drunk fan drove away and crashed into a family vehicle, rendering a two year old girl a quadriplegic.  The girl, now 11, is still paralyzed and dependent on a ventilator to breathe.

Three years ago, a jury awarded damages of $105 million.  An appeals court reversed that judgment and ordered a new trial, saying the lower court improperly allowed testimony about the "culture of intoxication" at the stadium. Now the case has been settled, with $23.5 million for the girl and $1.5 million for her mother, who was also injured. There is no further appeal from a settlement.

Having been represented  young quadriplegics with well-designed life care plans, I know what is involved and how expensive proper lifetime care for a quadriplegic is. 

Since receiving payment on the settlement,  the family began building a handicapped-accessible home equipped with  technology to provide the girl as good a life as she can have as a quadriplegic. The house should be ready by the holidays.

This young girl can only move her head, but with state of the art technology she will be able to control her wheelchair, elevator, TV and computer with her voice.  She will also be able to have  round-the-clock nursing care, which  is necessary in case her ventilator becomes clogged creating a life-or-death situation.

No amount of money can fully compensate a young girl for the loss of the ability to run and play, to hold hands, to enjoy all the blessing of life that the rest of us take for granted. But the money can allow her dignity, humanity, and the best life that is accessible to her.

And maybe, just maybe, this case will make an impression on businesses that serve alcohol around the country, and in that way prevent other tragedies over the years.

Jefferson, GA, 12/2/05
According to a news report from Athens, a Jackson County woman was under the influence of a combination of drugs, including Oxycodone and Diazepam, at the time of a fatal April 1 wreck on U.S. Highway 441 just south of Commerce, according to a newly released indictment. Cindy Edwards Jackson, 37, was indicted this week on 10 counts, including serious injury by vehicle, driving under the influence, vehicular homicide and endangering a child while driving under the influence.
On April 1, Jackson was driving her Ford Explorer north on U.S. 441 when she crossed the center of the road about one-half mile south of Hoods Mill Road in Commerce, according to court records and the Georgia State Patrol. Jackson’s SUV crashed head-on with a Ford Mustang, according to the patrol.
The Mustang’s driver died as a result of the crash and a passenger in the Mustang was taken to Athens Regional Medical Center and later Atlanta for additional treatment, the patrol said previously. Jackson’s 6-year-old son was in the back seat of her Explorer at the time of the wreck, but was not hurt. The mother and son were taken to Athens Regional Medical Center after the wreck, according to the patrol.
Jackson is scheduled to be arraigned Dec. 15 in Jackson County Superior Court, according to court records.
The challenge in the civil side of a case like this is not so much in complex liability issues, but in finding enough insurance coverage and assets to cover the damages because the drunk driver seldom has enough. A lawyer may search for multiple automobile liability and underinsured motorist coverages that can be “stacked.” A diligent lawyer might also explore possibilities of other parties who can be held financially responsible having played a substantial role in providing intoxicants to a person who they know will be driving. That is a difficult legal theory under Georgia law, but it must be explored. Product liability theories against auto manufacturers are less attractive in such cases now because of the proportional liability passed by the legislature last February.