Question
Did the country club act responsibly in this situation? What steps could a responsible beverage manager take to reduce the possibility of such an incident
Did the country club act responsibly in this situation? What steps could a responsible beverage manager take to reduce the possibility of such an incident recurring? Would the club's tipping policy influence a jury's view of responsible alcohol service by the club if the case went to trial? Why? Was it foreseeable by the club that Mr. Vosovic, once home, would leave the house in his intoxicated condition?
Samuel Vosovic attended a reception in the ballroom of the Altoona Pike Country Club. He was a salesman for a photography studio, and he attended a reception at the invitation of Ronald Thespia, one of the club's wellknown members. Mr. Thespia's company sponsored the reception, which consisted of light hors d'oeuvres and an open bar. Over the course of two and onehalf hours, it was determined that Mr. Vosovic consumed approximately nine drinks. The reception was large enough to require three bartender stations in the room. No single bartender served Mr. Vosovic more than three drinks in the course of the evening. Lea Tobson, one of the club's bartenders, did finally detect a significant change in Mr. Vosovic's behavior and, when Mr. Vosovic requested another drink, refused to serve him and summoned a manager. The club's food and beverage director determined that Mr. Vosovic was in all likelihood intoxicated. The director asked him to turn over his car keys, and then instructed one of the club's wait staff to drive Mr. Vosovic home, give the car keys to his wife, and take a cab back to the club. One hour after being taken home, Mr. Vosovic got back behind the wheel of his car and, still intoxicated, lost control of the vehicle and crashed into a tree, and he died instantly. His wife brought suit against the country club under dram shop legislation in her state. The club responded that it had acted responsibly in both refusing to service Mr. Vosovic and in ensuring that he got home safely. Mrs. Vosovic replied that her husband was upset at his treatment by the club when he arrived home and that she "couldn't stop him" when he took the car keys from her, intent on returning to the club. She held the club responsible because, as she stated, "They got him drunk." As additional evidence of the club's irresponsibility, she pointed to the tipping policy in place during open bars; essentially, in an open bar situation, the bartenders at the club were paid a percentage of the sales price of the alcohol consumed. Mrs. Vosovic's attorney claimed that the club's tipping policy encouraged its bartenders to over pour the drinks they served to build the sales value of the event and thus their own income.
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