What I'm wondering is if they did a blood alcohol test on Dear Old Departed Dad. If so, they could certainly surmise that he was over the "legal" limit.

Additionally, he was 82 years old. Any chance he was actually sober and suffered a partial stroke as he was walking on the stairs and that's why he fell?

For that matter, did anyone look for a telltale pinpoint hole in the ceiling to CSI the mini-meteor that hit his foot, causing him to slip and fall.

I, for one, am not a fan of the lawsuit waving folks.

Did Dear Old Departed Dad not leave you with a huge inheritance and now you have to sue? Please.

maybe the son should have noticed how drunk his father was and accompanied him down the stairs. i think he's filing a law suit cause he feels guilty and this will help him take the onus off of himself.

I believe that legally it is actually the bartender/waiter's responsibility NOT to serve a drunk person more drinks. I guess because, unlike when you eat or smoke a lot, when you're drinking alcohol your own judgement is impaired.

to umm: you may have missed understood my post. I am not saying that the resturant should pay $10 million. However, I am saying that they, the resturant, should pay something, even if to the state, for not insuring that an out of control customer leaves their premisis safely.

Comon sense says that you can't give a loaded gun to a child and expect him not to play with it. You can not serve a human several drinks of alcohol and expect they he is in full control of his mind. The resturant should have made sure there was a designated drive and escorted him to his car out of a curetosy. Maybe call it a valet escort service.

A resturant has to have safety equipment for a choking victim, they should have a safety plan in place for drunk people. They should have insured that he was out of their establishment and on his way home in a responisible person's care, designated driver. Don't just let them get up a walk out as if they were the same controlled person that walk in, assuming he was controlled. They should not rely on other memebers of the dinner party to insure his safety to the car.

And no,the patron should get nothing for contributing to his own mishap. In fact the patron should pay a fine for being in that state in public, just as the resturant should get a fine.

to umm: This actually happened in my hometown. A family had a high school graduation party and served alcohol (this is going back to when Connecticut still had an 18 drinking age). One kid was leaving the party and drove into another party goer who was walking to his car. The victim's family sued the driver and the party hosts. I think this happened when I was in elementery school and was finally settled when I was in high school.

believer in cusotmer service: Are you really saying that if I came to a party at your house, got wasted, crashed my car on the way home, that I should be able to sue you for $1M if I become injured?

Why should the restaurant, or a private individual, be liable for someone else's actions? If I cannot control my drinking, how is it your, or anyone else's, fault?

The resturant should get a sumons and a hefty fine for not watching the gentleman while he left the resturant. The waiter or waitress should have worked his or her tip to the door of the car. They should have insured that he was a passenger in the car also.

Generally when people drink, it means an escalation of the bill total. If the man was drunk, it also meant that the tab was a few hundred dollars or more and the tip was most likely very good. When that much money is paid for a service, the resturant should be practically driving him home. Again, the waiter or waitress is at fault.

The resturant should have been catering to the customer.

However, $10 million dollars is too much for the customer to expect when the customer played a role in his own accident.

Legally, it is the customers fault for being in a place where he could have caused harm to others and himself, the stair well, "walking while drunk". He is an adult and should use his judgement. That is why sobriety tests are given on the road after a policeman suppects DWI during a traffic stop. If a person can't walk the white line, it is their fault for failing and being in public in that state.

Are we really going to idiot-proof America via lawsuits so much that it turns into some sort of creepy, child-proof Disney world?

What's next? A few scenarios...

- I call to order a pizza, but first have to fax back a waiver saying I will not sue if I get fat. It takes a week for my lawyer to review it and get back to me. Cost for his time $500.

- Running down the steps to catch the subway, I trip and fall. I sue the MTA and they hire safety engineers to carry people down the stairs, one by one. Cost of a subway ride is now $50 each way.

- I spill coffee on my new suit and sue Starbucks as they should have made stain-proof coffee. It is launched and named "Water". I pay $6 a cup for this new coffee.

And so on...

Anyone know about the almost weekly union protests that happen there. It seems almost weekly there are people out in front of the building protesting. The protesters mention that shelly's steals there tips. I have not been able to uncover any more information about this, anyone know anything?

IMO, while that death is a tragedy, he was responsible for his consumption of drinks.

I think the son is P/O'ed at his father death and just looking for someone to blame.

right. no one in america ever has to take any amount of personal responsibility for their own actions.

if i drink too much = the bar's fault

if i eat too much = mcdonald's fault

if i smoke too much = cigarette company's fault

i am all for having companies promote healthy lifestyles, and watch out for people who use their products (e.g. alcohol, fast food, cigarettes) but where is the personal responsibility?

even if i fall for mcdonald's advertising, and am sucked into eating their poor quality food, it is still my choice to do so. so i would take at least 50% responsibility, if not more.

what kills me is people acting like these places forced their products on them. if you f-ed up and overdid it, blame yourself too! don't just sue.

"we imagine most linger on being overly cautious and helpful."

Actually, at every restaurant/bar where i've worked, the mantra is that empty glasses are the enemy. It's all about racking up the bill.

Out of courtesy, it would have been nice for someone to help him. More than likely no one even noticed him until he fell. Such a shame but money won't bring his dad back or give him the satisfaction he is seeking.

Maybe they should include the taxi company that brought him there or his car manufacturer in the suit. The headline will read "PUBLIC TRANSPORTATION: NEXT STOP? DEATH!" The taxi driver should have known.