N.Y. bar settles lawsuit for serving alcohol to man who died in crash

By Jim Greene

Published on September 28, 2005

Charles Bruce died in the predawn hours of Nov. 10, 2002, after having spent part of the previous evening at Finius T. Flubberbuster's. The wrongful death suit was brought on behalf of Tina Dukette, Bruce's domestic partner, and the couple's three children, for loss of companionship, loss of support, and mental grief and anguish.

The lawsuit accused Flubberbuster's of continuing to serve Bruce when it was clear he was already drunk. The bar countered that it did nothing wrong and that Bruce should have known he was unfit to drive. Flubberbuster's asked that the changes against it be dismissed and that it be awarded attorneys' fees.

The settlement, reached last Thursday, cancelled a trial for which jury selection was to begin Monday. The amount of the settlement was not disclosed.

At issue were laws in both New York and Vermont dealing with serving alcohol to people who are clearly already intoxicated. Laws holding bars, restaurants, and other businesses liable for such action have been passed in many states, and industry associations have tried limit such liability, holding that individuals are responsible for their own actions.

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