Untested Conspiracy Theory Seeks to Expand DUI Liability

If an untested and novel legal theory succeeds, the wife and brother of a binge drinker with a string of drunken driving arrests could be held civilly liable for the death of a bicyclist because they supplied the car, insurance and alcohol to the driver.

The Northern California case uses a conspiracy theory to expand third-party liability as a means to avoid traditional limits on culpability under state dram-shop laws.

Dram-shop laws shield bar owners and social hosts from civil liability if they supply alcohol to a drinker who later causes a death.

Although the theory may be a long shot, a state judge has allowed the suit to proceed to discovery. The suit seeks damages from the wife and bar owner/brother of Joseph Lynchard, 74, of Santa Rosa, Calif.

Details here from the National Law Journal via Law.com.

Comments

[Michelle Courry]

I do not feel this is a frivolous lawsuit. Joseph Lynchard transferred assets to prevent anyone he hurt or killed from coming after his assets. He had at least six prior DUI arrests, the most recent in front of a grade school when he hit an off-duty police officer. He couldn't get insurance because of his prior DUI history so his brother bought the car in his name and wife took out insurance in her name to help keep him on the road. He got drunk at his brother's bar the morning he killed Kathy Black. Kathy was standing with her bike off the side of the road drinking water when she was hit from behind and thrown 50 feet, dying at the scene. His brother's employees wanted to quit serving him, but were told to continue. They are even testifying against their employer, the BROTHER OF THE ACCUSED!

This was a calculated, concerted effort on the part of his family. As such, they should pay the price for their complicity.

You may ask how I know so much about the circumstances surrounding the event... Kathy's in-laws were visiting my family on vacation when she died. Her family is devastated by what occurred. Kathy leaves a young daughter and disabled husband behind to pick up the pieces of their lives.

Now, how frivolous do you think this lawsuit is?