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Tiger Woods - Named in Wrongful Death Lawsuit

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  • FrobozMumbar
    replied
    I absolutely detest shit like this. Outside of a very rare fact pattern similar to what ED brought up, cases like this are complete bullshit. It’s a blatant extortion attempt.

    Leave a comment:


  • KUGDI
    replied
    Well. Dram Laws are a thing. Its hard to say because I have no idea what Florida's laws actually state. But yes there could be liability for the business. Extending that to his personal liability I feel would be a stretch. But maybe the hope is he'll pay them to go away.

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  • sean
    replied
    Couldn't the dead guy have been using Uber or Lyft when drinking? How would Woods or Herman know and why should they assume anything? They didn't require him to drink; he was an alcoholic on his own. If Woods or Herman weren't even at the restaurant then this suit should be tossed. He's not a stripper who was encouraged to be drinking. He's getting off of work and doing it on his own.

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  • Joe Norris
    replied
    Originally posted by EasyDisease View Post
    There have been cases where, for example, a stripper has been encouraged to drink with guests as part of her job, then gets in a wreck, sues the titty bar, and wins.
    Yeah, I could see, if Tiger was like, "entertain these guys or you're fired, keep drinking", then there'd be an issue....but what adult wants to hang around a sloppy dude...I could obviously see it being different if it was a woman (not that it makes it ok)

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  • EasyDisease
    replied
    There have been cases where, for example, a stripper has been encouraged to drink with guests as part of her job, then gets in a wreck, sues the titty bar, and wins.

    Leave a comment:


  • Joe Norris
    replied
    Originally posted by EasyDisease View Post

    Just depends on what they knew, what their policies were, etc. In any event, I still think the dead guy is more responsible for his own death than the restaurant.
    Yeah, and I'd imagine the burden of proof on that would be incredibly difficult

    and unless someone has an axe to grind with Tiger, I don't know why anyone would say anything...but even IF they were egging him on, it's still his choice

    Only if they were forcing or coercing him to drink, I personally (which I know means jack squat other than a post on a message board) don't think that the restaurant has any liability if I'm a juror

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  • EasyDisease
    replied
    Originally posted by Joe Norris View Post
    Complete speculation, but would the restaurant be still liable if the kid were sneaking shots (common practice among alcoholics) or drinking his own supply (flask or something)?

    I don't know how you would prove that he wasn't drinking on his own
    Just depends on what they knew, what their policies were, etc. In any event, I still think the dead guy is more responsible for his own death than the restaurant.

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  • Joe Norris
    replied
    Complete speculation, but would the restaurant be still liable if the kid were sneaking shots (common practice among alcoholics) or drinking his own supply (flask or something)?

    I don't know how you would prove that he wasn't drinking on his own

    Leave a comment:


  • EasyDisease
    replied
    Negligence (I'm assuming this is a negligence case) is premised on the existence of a legal duty and a breach of that duty, among other things. In the employer context, there are more duties owed than among strangers or friends, in most cases. So, it is possible to hold the restaurant responsible, especially if they in any way encouraged his drinking. But if this goes to a jury, I think they will look at this the same way as you--cash grab. I don't know how Florida does contributory negligence, but I certainly think the dead guy is more than 50% responsible for his own death, which bars recovery in most states.

    Leave a comment:


  • Joe Norris
    replied
    Originally posted by EasyDisease View Post
    Heard about this this morning. There may be some set of facts that results in liability at least to the restaurant, but based on what I heard the attorney say, those facts aren't present. And it's an even bigger stretch to hold Tiger personally liable.
    This shit right here:

    "Tiger knew, or reasonably should have known, that Immesberger was habitually addicted to the use of any or all alcoholic beverages, and/or was a habitual drunkard,''
    That is nonsense to me...I knew that my friends that aren't prescribed adderall who would take a bunch to stay up all night to study in college shouldn't do it....if their heart exploded because I didn't slap the pills out of their hands, does that make me liable? (I know it's not the exact same thing, but I'm just spitballing here)

    Maybe the restaurant could have had a policy against employees drinking, I don't know what the industry standard is, but there's a reason they're going for Tiger and not just the restaurant. I would almost guarantee that he's probably set up as an LLC or something that separates him from his establishment, and the restaurant doesn't have Tiger Woods' assets available to them....hence my reasoning for thinking it's a cash grab.

    edit:

    Oh, also, this makes me facepalm HARD

    The lawsuit alleges that Woods and Herman were "drinking with him at The Woods bar only a few nights before the fatal crash of December 10, 2018.''

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  • EasyDisease
    replied
    Heard about this this morning. There may be some set of facts that results in liability at least to the restaurant, but based on what I heard the attorney say, those facts aren't present. And it's an even bigger stretch to hold Tiger personally liable.

    Leave a comment:


  • Joe Norris
    started a topic Tiger Woods - Named in Wrongful Death Lawsuit

    Tiger Woods - Named in Wrongful Death Lawsuit

    LINK

    Immesberger was a bartender at The Woods, and the suit alleges that Woods, Herman and other employees were aware that Immesberger had a drinking problem but regularly overserved him during and after his work shifts.

    The lawsuit alleges that Woods and Herman were "drinking with him at The Woods bar only a few nights before the fatal crash of December 10, 2018.''

    Woods and Herman returned home from a trip to Australia the night of Dec. 7.

    "Tiger knew, or reasonably should have known, that Immesberger was habitually addicted to the use of any or all alcoholic beverages, and/or was a habitual drunkard,'' the lawsuit says.
    This shit makes my blood boil. Caveat, based on what I've read here. If there is evidence that people were egging him on or encouraging him to take part in bad behavior, that will change my stance

    Where has personal responsibility gone? I understand that the family is grieving, but, on the surface, this looks like a money grab.

    At the end of the day, we have to be responsible for our own decisions. As everyone here knows/should know, because I talk about it often, I am a recovering alcoholic. Nobody ever overserved me except myself. No one chose to get behind the wheel, but myself.

    When I got my DUI I blew a .182, and my lawyer (this was in 2011, five years before I quit drinking) told me he was concerned about how level headed I sounded on the tapes at a .182. That's what alcoholics do. We lie and self preserve in any way we can. .256 is undoubtedly high and it was likely obvious that the kid shouldn't have been driving. However, I would never put that on anyone else to know just how drunk that is. Not to mention, you could take away my keys and I would scheme and find a way to get home even if that involved waiting for you to get drunk enough where I could take my keys back. "Hey, I haven't had a drink in a couple hours and I am good to drive"

    Alcoholics at a young age are generally charismatic and very good at acting the way they need to act to get what they want.

    I understand that bartenders are tasked with identifying when patrons are too drunk and have to cut them off, and I get that; however, this guy was a grown ass man AND was a bartender that was likely able to go behind the bar and pour his own drinks just like I could do at my house.

    I get it, your son, brother, best friend is dead, and you want someone to blame. Addicts don't get a pass because it's a disease and I hate it when people try to give us a pass because "we can't control it". Everyone has their demons, you don't get away with them just because it's tough to control.

    You know what? That family should be thanking God or whatever higher power that their spawn didn't take the life of anyone else while performing this selfish act.

    When I was sitting in jail talking to the nurse after my DUI, I made a comment about how I was super embarrassed about what I had done. She said, stone cold, "I'm just glad you didn't hurt someone else". That comment made me feel so small, but it was SO accurate. Who gives a fuck about me? I made a bad decision and have to deal with the consequences. Everyone else on the road, doing everything right, didn't make the choice to share the road with me, I made that decision for them and fortunately nothing bad happened that night.

    I never like to hear that someone died in an alcohol related accident, no one deserves to die for that decision, but to try and assign the blame to someone else and get paid in the process is gross to me. I'm sure I'm extra sensitive to this, but I cannot stand this victim culture and the family trying to make this kid out to be a victim. It's his fault he's dead and he's lucky that no one else is.

    Could/should Tiger have done something about it? Maybe recommended that he get some help or threaten to fire him if he didn't straighten up? Sure, that could be....hell, the kid could have been a great employee aside from the drinking....I know I got great performance evals when I was putting down a liter a night at 25. A lot of young alcoholics can make it work during the day so that they can feed their addiction at night.

    Either way, this makes me angry.

    Like I said, though, if it comes out that Tiger was encouraging him to be irresponsible, then we need to have a talk about his involvement, but my feelings remain for the most part. No one is at fault but the individual that made the decision to drink.

    /rant
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