Quote:
Originally Posted by fatlazyless
Hey, put me on the jury and the owner of The Mount will have to trade in his new Mercedes Benz for an old Geo Tracker with a leaky soft-top!
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Gee, not rushing to judgment a bit are we?
We KNOW that Mr. Sylvestre was on the Mount Washington.
We KNOW that alcohol was being served on board.
As far as I know the only public statements by the police were that alcohol MAY have been a factor.
We DON'T KNOW that Mr. Sylvestre was served any alcohol on board. Maybe he came on board drunk or was stone sober.
We DON'T KNOW if other people were buying him drinks. When my wife and I go on the Mount it wouldn't be unusual for her not to go to the bar at all.
Since no one stopped him to get a blood alcohol we DON'T KNOW how measurably intoxicated he was, if at all.
Since anyone drinking any alcohol is no longer strictly "sober", i.e. unaffected by a chemical substance, your standard of not serving anyone who isn't sober would put a one drink limit on everyone. That doesn't seem very realistic.
Given this
http://dartreview.com/archives/2001/...ur_options.php info about public intoxication it seems that a person who is a danger or annoyance may be considered intoxicated. That qualifies some people I know as constantly intoxicated. However, we DON'T KNOW that Mr. Sylvestre exhibited behavior that indicated he was intoxicated.
We DON'T KNOW the cause of his death. We KNOW he was seen leaning over the railing, perhaps acting sick. Was he really sick? I can get bad stomach cramps if I catch a chill which would certainly be possible in October. Maybe that's what happened to him. Maybe it was Professor Plum on the Mount Washington with the lead pipe.
All that said, Mr. Sylvestre was an adult who should have responsibility for his own behavior.
Anybody can file a lawsuit. I'll wait for evidence that the Mount personnel were clearly aware that Mr. Sylvestre was intoxicated and continued to serve him before I consider apportioning any responsibility to them.