March 22, 2008
Man Sues MSG For Overserving Drunk Driver
Carlos Zelayo is suing Madison Square Garden for continuing to serve a visibly drunk off-duty cop at a college basketball game, before the man left the arena and killed Zelayo's son and put his wife in a coma, from which she hasn't emerged. Kevin Freibott is the Jersey City cop currently serving an 11-year sentence for vehicular homicide. He killed two-year-old Jose Carlo Zelayo (pictured) on the Pulaski Skyway.
Lawyers for MSG describe Zelayo's lawsuit as a "meritless sham" and don't think they should have have to pay the millions of dollars in medical expenses the family has already accrued, placing the blame for the accident solely on Freibott's shoulders. They point out that the last beer served at the Garden the night of the accident was at 9 p.m., two hours before the accident.
Where he went after the game is unknown and a six pack of beer was allegedly found in the front seat of Freibott's vehicle after the accident. A lawyer for the Zelaya family said they have video of Freibott unsteady on his feet even as he entered the Garden.
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It's too bad there's no legal theory under which Dolan could be held criminally responsible.
Why, Peter?
As for this case, it just doesn't seem as if MSG is really responsible, as I don't think there's a way to know how much the guy drank at MSG, and he seems to have continued drinking after the game anyway.
I call bullsh*it. This isn't a local corner bar, where the bartender might have watched this guy from start to finish; this is f*in MSG, where he was just one of thousands of drunken fools. Its entirely his own fault, plus the fact of the 2-hour time delay, plus the 6-pack in the car, etc...
The point of the justice system isn't to sue the person with the biggest pockets just because you can (despite what you may see on TV or your sleazy lawyer may tell you).
how come this mexican only had one kid? where are the rest?
Albert Sharpton above-ASS.
I don't get it. People go out to drink and they get intoxicated in public. I thought public intoxication was illegal. If one serves beverages to the extent that they foster public intoxication. why is there no culpability? How can we as a society blame one for the actions of an intoxicated buffoon if we legally allow the circumstances by which he became intoxicated? We are a hypocritical society which need to get is priorities together. Perhaps we can force bars to hire personnel to perform a breathalyzer on all patron exiting the premises. If they fail, they can not leave till they pass. We create our own problems. Very sad.
I hope Carlos Zelayo gets every penny. No amount of money can turn back the clock. Selling alcohol in public venues and then blaming the drunk on his actions is like blaming gun sellers for selling guns to people who use them inappropriately. Hey, you know, that is exactly what happens, so what is the difference?
I used to bartend in Massachusetts, and there, this is a no-brainer that MSG would be liable.
In fact, how's this for annoying laws in MA:
If someone comes into my bar, already visibly drunk and I refuse to serve him and kick him out and he goes out and hurts someone, I'm just as liable as the first bartender who served him. I would need to do everything within "reasonable power" to keep him inside until I either alert authorities or he sobers up.
But yeah -- the MSG case in MA would be a slam dunk (pun intended) for the plaintiff.
"Perhaps we can force bars to hire personnel to perform a breathalyzer on all patron exiting the premises. If they fail, they can not leave till they pass."
Yeah, good luck getting THAT one to happen. Bars would be out of business.