Question
The Sports Bar, is a bar in a busy metropolitan downtown location.There are multiple sports and music venues nearby as well as lots of restaurants
The Sports Bar, is a bar in a busy metropolitan downtown location.There are multiple sports and music venues nearby as well as lots of restaurants and hotels.On any given night, there is a wait to get in the restaurant.There are typically 4-6 bartenders on a busy weekend night and 15-20 servers.In addition, there are 1-2 floor managers and a kitchen manager.
One Friday afternoon, a group of guests in town for a bachelor party checked in to the Big Chain Hotel across the street from The Sports Bar.The group was from a neighboring town about 30 minutes away.The guests who drove left their cars with the Valet.The Valet was hired by Big Chain Hotel but was a separate entity called "Valets of the World."
After check-in, the group of about 10 guys spent the afternoon in one of the hotel's common area courtyards drinking beer that they brought with them.They did not purchase alcohol from the hotel.They started getting rowdy and Big Chain Hotel's security guard asked them to quiet down.The security guard noticed the drinking but did not ask them to stop (though hotel policy did require all alcohol consumed on premises to be purchased on premises). A second security guard told them to keep it down about an hour later.
Around 7:00 p.m. the group left the hotel and went to The Sports Bar.There, they ordered dinner and drinks, primarily beer and several shots.The group was pretty rowdy and had other guests join them at times for a drink or a toast.At one point, two members of the group, Jeff and Kevin, got into an argument.Before Jeff could throw a punch, Kevin threw his hands up in the air, said "screw you all," and stormed out.Everyone assumed he would just go pass out in the hotel.They continued partying.
Kevin did go back to the hotel, but instead of passing out, he packed his bag, and went to retrieve his vehicle from Valets of the World.Upon retrieving his vehicle, Kevin left to drive home.On the way, Kevin, who was speeding, hit a man on a motorcycle, killing him instantly.Understandably, the man's family sued Kevin.They also sued Big Chain Hotel, The Sports Bar, and Valets of the World.
Evidence from Discovery showed the following:
Big Chain Hotel had security footage showing Kevin stumbling through the halls at 10:00 p.m., just before he retrieved his car from Valets of the World.There was also footage of Kevin leaving his bag at the Valet when he left.Big Chain Hotel security guards gave deposition testimony that the group of guys were very loud and obnoxious and that they left "lots" of beer cans in the courtyard area.One guard said 20 cans, the other said 30 cans.The valet on duty stated he could smell alcohol on Kevin but that he did not notice whether he was intoxicated.
The Sports Bar pulled receipts from the evening showing a group of 10 people ordering 4 appetizers, 10 entrees, 10 shots, and 10 beers.This was paid for by the groom's father.After this receipt, there were multiple receipts for additional alcohol beverages for their table number, but most were paid with cash.Kevin's credit card was not used.In addition, the group purchased drinks from the bar.Two of the bartenders on duty that night remembered the group, and remembered serving them several drinks.One of the bartenders "thought" she served Kevin a few shots of tequila, but could not be sure it was him.Whomever it was, she said, he was taking the shots back to the table.
In general, The Sports Bar could not determine how many drinks were served with certainty.The waitress stated that the group told her that they were staying at Big Chain Hotel across the street so they could drink all night and not worry about getting home.The waitress said that while the group was pretty rowdy, they were very nice to her, and for the most part tipped very well.She did not witness the near fight that broke out.
Other patrons of the restaurant that night testified that the group was "rowdy" and "crazy," as you would expect a bachelor party to be.One patron who witnessed the argument stated that he could not really tell what the argument was about but that there was a lot of swearing involved.
Question:
You are Kevin's attorney.Explain to him the liability he has (or possibly have). Advise Kevin of his options (Kevin does have car insurance with liability limits of $300,000).
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