Domain: tiger-web1.srvr.media3.us Madison Brooks' Dad Lawsuit | Page 16 | O-T Lounge
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re: Madison Brooks' Dad Lawsuit

Posted on 9/20/23 at 11:11 am to
Posted by Tortious
ATX
Member since Nov 2010
5695 posts
Posted on 9/20/23 at 11:11 am to
quote:

Bartenders who knowingly serve alcohol to minors are responsible for their actions.


And can be responsible for over serving anyone regardless of age.
Posted by Dizz
Member since May 2008
16032 posts
Posted on 9/20/23 at 11:21 am to
quote:

There’s pics of her in Reggie’s with her mom earlier in the semester. That’s not a good look.


It may not look good on the surface for her but it looks a lot worse Reggies and their insurer. It just shows that they routinely let and served underaged people in the bar regardless if their parents knew.
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
9191 posts
Posted on 9/20/23 at 11:23 am to
quote:

Yeah but the dude still has to pay for an attorney to deal with the legal crap.

No he doesn't. No one in this thread understands how lawsuits or indemnification clauses work. This is literally why insurance exists.

First of all, you sue anyone who could be responsible in a comparative fault/contributory negligence state (which Louisiana is). As soon as those parties are found to not be responsible, they will be dismissed. This usually happens with minimal expenses involved. Second, the police report or police determination of fault has no bearings on the outcome of the civil suit. Fault is determined by the trier of fact, not a third party, non witness statement.

LYFT's insurer paying 5k in legal fees for their attorneys to write an exception of no cause of action for a wrongful death suit is not causing insurance rates to rise in Louisiana

Reggies and the driver of the vehicle both had (or are required by law to have) insurance. LYFT likely picks up the driver, unless he wasn't in the course and scope of his employment with LYFT, in which case his personal carrier would pick him up. He is not going to spend a penny. Plaintiff won't pursue an excess judgment on a LYFT driver. It just doesn't happen in Louisiana.

The only people that could potentially be expected to come out of pocket other than the rapists are the bartenders, but I'd imagine there's a clause in their contracts (if they had employment contracts with reggies) that forces reggies' insurer to pick them up. Now, if they knew or reasonably should have known she was underage and still served her, Reggies' insurer would 100% drop them and try and push fault onto them.
This post was edited on 9/20/23 at 11:29 am
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
9191 posts
Posted on 9/20/23 at 11:24 am to
quote:

There’s pics of her in Reggie’s with her mom earlier in the semester. That’s not a good look.

Not really... Reggies is 18 to enter and parents can buy their children alcohol in Louisiana.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6922 posts
Posted on 9/20/23 at 11:57 am to
quote:

and parents can buy their children alcohol in Louisiana.


I had no idea about this..
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 9/20/23 at 11:59 am to
quote:

There’s pics of her in Reggie’s with her mom earlier in the semester. That’s not a good look.


Drinking age is 18 in Louisiana if you’re with a legal guardian
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
10560 posts
Posted on 9/20/23 at 12:18 pm to
quote:

Including Reggies insurance company who kept renewing their policies in spite of their decade long track record of serving alcohol to minors

If I was the attorney, I would include in the law suit:
- City of Baton Rouge
- Louisiana Office of Alcohol and Tobacco Control
Posted by White Bear
Deer-Thirty
Member since Jul 2014
17420 posts
Posted on 9/20/23 at 12:21 pm to
quote:

The plaintiff if trying to recover damages from the insurance policy/insurer that insured the Lyft driver. In order to do so he has to name the driver as a defendant (i.e. the insured). Will he be able to recover? Who knows? The jury will decide that. But I doubt the plaintiff or plaintiff's attorney is trying to recover personally from the driver.
Well I’ll be goddamned if it ain’t the plaintiff atty/insurance (settlement) cabal at it again.
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
7668 posts
Posted on 9/20/23 at 12:52 pm to
quote:

The fact that he is suing a dozen employees from Reggie's really pisses me off. There are probably freshman college students who are at no fault at all that now have to deal with a lawsuit.

They signed up for a job that deals with distributing alcohol. (I'm assuming) they are told that people will try to present fakes, buy drinks for friends, etc. Legally, the bartenders are in a way responsible for making sure they serve to the right people, do not overserve, and maintaining a safe work environment as best as they can. They have the right to refuse service to anyone. There are bouncers/bodyguards to get people out as they see fit. Their age/grade does not excuse them from adult problems.
This post was edited on 9/20/23 at 12:53 pm
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
7668 posts
Posted on 9/20/23 at 12:57 pm to
quote:

Drinking age is 18 in Louisiana if you’re with a legal guardian


quote:

RS 14:93.10

4. UNLAWFUL SALE, PURCHASE, AND POSSESSION

OF ALCOHOLIC BEVERAGES

§93.10. Definition

For purposes of R.S. 14:93.10 through 93.14, the following definitions shall apply:

(1) "Alcoholic beverage" means beer, distilled spirits, and wine containing one-half of one percent or more of alcohol by volume. Beer includes but is not limited to ale, lager, porter, stout, sake, and other similar fermented beverages brewed or produced from malt wholly or in part or from any substitute therefor. Distilled spirits include alcohol, ethanol, or spirits or wine in any form, including all dilutions and mixtures thereof from whatever process produced.

(2) "Public possession" means the possession of any alcoholic beverage for any reason, including consumption, on any street, highway, or waterway or in any public place or any place open to the public, including a club which is de facto open to the public. "Public possession" does not include the following:

(a) The possession or consumption of any alcoholic beverage:

(i) For an established religious purpose.

(ii)When a person under twenty-one years of age is accompanied by a parent, spouse, or legal guardian twenty-one years of age or older.

(iii) For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

(iv) In a private residence, which shall include a residential dwelling and up to twenty contiguous acres, on which the dwelling is located, owned by the same person who owns the dwelling.

(b) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under twenty-one years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol.

(3) "Purchase" means acquisition by the payment of money or other consideration. Purchase does not include such acquisition for medical purposes either when purchased as over the counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

Acts 1995, No. 639, §1; Acts 1996, 1st Ex. Sess., No. 78, §1; Acts 2011, No. 264, §1; Acts 2015, No. 212, §1.


Doubling down:

quote:

§93.13. Unlawful purchase of alcoholic beverages by persons on behalf of persons under twenty-one

A. It is unlawful for any person, other than a parent, spouse, or legal guardian, as specified in R.S. 14:93.10(2)(a)(ii), to purchase on behalf of a person under twenty-one years of age any alcoholic beverage.
Posted by CR4090
Member since Apr 2023
8905 posts
Posted on 9/20/23 at 1:06 pm to
quote:

And even his daughter since she was part of it.


And sue himself since he didn't teach his daughter about the evils of alcohol. And how she is her own first line of defense from predators.

I hate seeing lawsuits like this. I understand the pain(and sometimes greed) behind them. But sometimes we need to be honest and live with the truth.
Posted by The Torch
DFW The Dub
Member since Aug 2014
28759 posts
Posted on 9/20/23 at 1:09 pm to
Reggie's is gone

That's like suing the Easter Bunny
Posted by LSBoosie
Member since Jun 2020
17930 posts
Posted on 9/20/23 at 1:10 pm to
quote:

Bartenders who knowingly serve alcohol to minors are responsible for their actions. Don’t kid yourself.
I bet you Reggie's didn't even have 10 bartenders working that night. I would also bet you she used a fake ID to get into the bar. How is that bartender on the patio supposed to know that this girl who has a wristband on isn't 21? Not that I am against fake ID's, everyone uses them.
This post was edited on 9/20/23 at 1:14 pm
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
7668 posts
Posted on 9/20/23 at 1:18 pm to
quote:

How is that bartender on the patio supposed to know that this girl who has a wristband on isn't 21?

They all get marked a giant X with a sharpie on their hands for underage and generally place wristbands on a specific wrist for people 21+.

quote:

Not that I am against fake ID's, everyone uses them.

Invest in tech that catches these better. It's out there. Reggie's being known for serving minors doesn't help the case for anyone working there AT ALL. People working there KNOW that this part of the reputation.
Posted by LSBoosie
Member since Jun 2020
17930 posts
Posted on 9/20/23 at 1:24 pm to
quote:

They all get marked a giant X with a sharpie on their hands for underage and generally place wristbands on a specific wrist for people 21+.

I know how it works. If she used a fake ID , she would have a wristband on, not a X. Hell, even if she didn't use a fake ID she could have gotten a wristband from a friend and immediately went to the bathroom to wash off the stamp/marker. It happens all the time. That doesn't answer why some kid bartending on the patio should be sued for serving a girl with a wristband on.
quote:

Invest in tech that catches these better. It's out there.

Very few places actually have good enough tech to catch all fake ID's. In fact, generally the most strict places are places that don't use scanners. Fred's for example.
This post was edited on 9/20/23 at 1:33 pm
Posted by KamaCausey_LSU
Member since Apr 2013
17428 posts
Posted on 9/20/23 at 1:25 pm to
quote:

Prove it beyond all reasonable doubt

I don't think the threshold for civil cases is "beyond all reasonable doubt".
Posted by 777Tiger
Member since Mar 2011
90355 posts
Posted on 9/20/23 at 1:28 pm to
quote:

Very few places actually have good enough tech to catch all fake ID's. In fact, generally the most strict places are places that don't use scanners


kids in college towns are going to find a way to get into the bars and over drink, it’s very tragic what happened to her but she put herself in harms way, and probably with some effort, doesn’t make what happened to her right but it sounds like her dad is using this as a lottery ticket
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69702 posts
Posted on 9/20/23 at 1:29 pm to
quote:

Instead of recovering your losses from a for-profit company that was being paid to cover those losses you chose to suck off the government teat. You made all the taxpayers in LA subsidize those insurance companies. How magnanimous of you.


If I sued everybody it would have still been the state paying for my medical bills dumbass.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69702 posts
Posted on 9/20/23 at 1:35 pm to
quote:

But we, the taxpayers, appreciate his noble footing of us with the bill.



the state basically took the place of the defunct insurance company and were paying the claims...are you so stupid that you think had i sued everyone the state still wasn't responsible for my medical bills? i didn't sue for injury...which would have been on the other insurance companies since the state wasn't paying for injury.
Posted by Weekend Warrior79
Member since Aug 2014
21200 posts
Posted on 9/20/23 at 1:36 pm to
Haven't read all 16 pages, but why are the rapists the only ones "alleged" to have done something wrong?

quote:

including the Baton Rouge, Louisiana, bar who served the underage coed, the suspects who allegedly raped her and the Lyft driver who fatally struck her.

was allegedly raped in January after a night of drinking at Reggie's bar and later died after her alleged attackers let her out on a highway, where she was hit by a Lyft driver.
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