--Previous Message--
: Thinking of helping out your inebriated friends by volunteering as
: a designated driver? You might want to rethink such an act of
: automotive altruism. According to a report in The Globe and
: Mail, a lawsuit launched by a woman who leapt from a moving car
: during a domestic squabble might make people ponder the merits
: of being a designated driver.
:
: Indeed, the lawsuit - which is headed to trial - could set a
: precedent by making designated drivers liable for intoxicated
: passengers who cause themselves harm.
:
: The details: the plaintiff, Inga Richardson, jumped out of a
: moving car after fighting with her common-law spouse. As a
: result, she suffered severe brain damage and injuries to her
: body after bouncing along the blacktop of a three-lane artery in
: Oshawa, Ont.
:
: Her lawyers, David MacDonald and Adrienne Kirsh, allege in a
: statement of claim that Richardson's partner, Joey Sanayhie,
: should've supervised her consumption of alcohol and prevented
: her from harming herself on the way home. The legal eaglets
: contend Sanayhie knew Richardson was prone to leaping from
: speeding vessels (she once jumped off a moving boat after
: becoming agitated.)
:
: While designated drivers play a vital role in society, MacDonald
: says they must act responsibly. (Apparently, this includes
: possessing clairvoyant powers of The Amazing Kreskin in order to
: second-guess the actions of one's drunken passengers.)
:
: However, Sanayhie's lawyers, John J. Adair and Greg Abogado,
: maintain individuals won't likely agree to be designated drivers
: if they're going to be on the hook for those passengers who
: decide to bring harm to themselves. "This [a legal victory
: for Richardson] is a development that clearly would not be in
: the public interest," says Adair.
:
: Recently, Sanayhie won at least a partial victory when an
: Ontario Superior Court judge threw out a portion of Richardson's
: claim. He ruled that a designated driver cannot be held
: responsible for how his passengers behave at a social event
: prior to getting into a vehicle. However, the judge noted the
: critical question of whether Sanayhie was responsible for
: ensuring Richardson's safety on the way home will be decided at
: a trial.
:
: If Richardson is indeed successful, designated driving might be
: joining Happy Hour on the scrapheap of obsolesce. Let's hope
: sanity prevails...
:
:
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