The Arizona Republic reported July 9, 2015 that a man who was riding his motorcycle when his passenger fell off and died, was arrested in her death.
This occurred on the U.S. 60, near Val Vista Drive in Mesa. It is suspected that the motorcyclist was under the influence at the time of the accident.
This crash is similar to another case that I handled, also with tragic consequences. A Tempe bar on Mill Avenue overserved a customer, he was a motorcyclist, and his passenger, a college student, was killed. I represented the decedent’s mother in a wrongful death jury trial against the drunk driver and the bar, a verdict of $1,800,000.00 was obtained against the bar and the drunk driver.
In Arizona those who furnish liquor have a duty to exercise care for the protection of others, this includes ceasing to furnish alcohol to customers, to protect members of the public who might be injured as a result of a customer’s intoxication or being overserved.
Dram shop liability generally refers to laws that impose responsibility upon bars, liquor stores that serve alcohol, to intoxicated persons, or those who have been overserved, who cause injuries to others as a result of alcohol related car crashes.
Source: Arizona Republic, “Motorcycle rider may be charged in death of passenger,” Ben Margiott, July 9, 2015.