Drunken driver sues restaurant that served him

[Kadie]

Sacto man sues restaurant over 2007 fatal crash

Thursday, July 9, 2009

(07-09) 18:41 PDT Sacramento, Calif. (AP) --

A Sacramento man convicted of a drunken driving crash that killed four people is suing the restaurant that served him a drink before he got behind the wheel.

Roberto Vellanoweth is serving a nearly 18-year prison sentence after a jury found him guilty of gross vehicular manslaughter while intoxicated.

Vellanoweth says that after having three martinis on March 26, 2007, he went to the Camino Real Restaurant, which served him a "kamikaze virgin" that he believed did not contain alcohol. After the fatal head-on collision, his blood-alcohol reading was at 0.16 percent — twice the state's legal driving limit.

The lawsuit, filed in Yolo County Superior Court, says the Camino Real "had an obligation not to surreptitiously include alcohol in the punch ... without his knowledge or consent."

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/09/state/n184153D48.DTL&tsp=1

[Tan Gent]

1. And of course the 3 Martinis had nothing to do with his BAC

glurk

[CanonRay]

2. Oh put me on the jury, please!!!

Hang the fucker.

[depakid]

3. The deal he's basing his action on is sometimes called a "Dram Shop Act."

http://en.wikipedia.org/wiki/Dram_shop

And he's entitled to state a case- though that doesn't mean (for a lot of reasons) that he's got a prayer to win it.

[northzax]

4. in most states you can do this

it is, in fact, illegal in most places to serve alcohol to someone who is inebriated. fun little catch-22 there. but yes, check out 'dram shop liability' for more.

[Tangerine LaBamba]

6. Jeez -

this was the first thing we had to brief our first few days in law school. Dram shop act and did the girl have to return the engagement ring if she broke the engagement.

Now I'm gonna have bad dreams about taking the bar exam again tonight, thank you very much ....................

[sandnsea]

5. Interesting case

How would you prove the virgin drink actually had alcohol? 18 years is an unbelievable sentence considering most of them, he must have had a history.

[Nailzberg]

7. It doesn't appear he had a history with DUI, but he sure pissed off the judge

"You got up here on this stand and you lied," Marlette told Vellanoweth. "You not only lied to take the responsibility away from yourself, you lied to give the responsibility to people who were the victims of your responsibility. And I'm taking that as a measure of your character."

http://www.sacbee.com/ourregion/story/1242360.html

[sandnsea]

9. Thank you

not so interesting after all. Run of the mill point the finger drunk. He needs to be in jail a good long time.

[LisaL]

10. Four people are dead.

The sentence doesn't seem too long to me.
Not at all.

[sandnsea]

12. "considering most of them"

which I was sure to add because I knew someone would come along...

[Chemisse]

8. Maybe he should sue the guy who made him drink those martinis.

Oh wait, he would have to sue himself!

[madville]

11. how do you not taste the alcohol in a liquor drink?

And .16 is a bunch of alcohol to have in one's system. We went and drank so the students in the law enforcement school here could practice doing sobriety tests and breathalyzers. We all were having a hard time staying over .08 and we were taking shots and chugging beers. One drink didn't make this guy go from .07 to .16 and if it was that strong how did he not taste the alcohol?