Bar owners should be held accountable in alcohol-related fatalities

Posted 12/8/09

On a cold January night nearly two years ago, a husband and wife returning to their Ten Sleep home from Yellowstone Regional Airport were killed in a gruesome head-on collision. The driver of the other vehicle, Randall LaBrie, had a blood alcohol …

This item is available in full to subscribers.

Please log in to continue

E-mail
Password
Log in

Bar owners should be held accountable in alcohol-related fatalities

Posted

On a cold January night nearly two years ago, a husband and wife returning to their Ten Sleep home from Yellowstone Regional Airport were killed in a gruesome head-on collision. The driver of the other vehicle, Randall LaBrie, had a blood alcohol level that was twice the legal limit when he crashed into the couple's oncoming truck.Despite the fact that bartenders and other patrons recognized that he was obviously intoxicated that night, LaBrie was able to get in his vehicle and drive away. The night ended with five deaths — LaBrie and his two passengers and the couple in the oncoming lane, John and Carol Munkberg.In an affidavit, State Trooper Lanny Hensley described the fiery wreck as “by far the worst fatal crash I've seen.” He added that if LaBrie had survived, the state would have pursued four counts of vehicular homicide. In a lawsuit filed last week, the Munkberg family seeks damages from bar owners whose businesses reportedly provided alcohol to the clearly intoxicated man before the fatal crash. Under Wyoming law, those who serve alcohol cannot be held liable for damages caused by an intoxicated individual. The suit asks Judge Steven Cranfill to declare that the law protecting bar owners from legal action is unconstitutional. In 2003, the Wyoming Supreme Court upheld the law's constitutionality in a 3-2 decision.It is in the best interest for everyone on Wyoming highways for bar owners to be held responsible if they continue to serve intoxicated individuals and neglect to contact law enforcement when drunks drive away.On the night the Munkbergs were killed, several bar patrons offered LaBrie a ride, noticing his drunken state. He refused.At one point, a bartender reportedly asked the bar's owner if they should continue serving LaBrie, according to the legal complaint. She consented.Law enforcement wasn't contacted until LaBrie was driving erratically down the highway, playing “chicken” with oncoming vehicles.According to the suit, a bartender recalled that as LaBrie left the bar, she was glad her daughter was coming home on a different roadway and wouldn't be sharing the same road as LaBrie.Unfortunately for some families, their loved ones were on the same highway.Trooper Hensley said in an affidavit that he found the crash particularly disturbing because “it could have happened to any one of us or our families.”It is our hope that other families may be spared this tragedy in the future.

On a cold January night nearly two years ago, a husband and wife returning to their Ten Sleep home from Yellowstone Regional Airport were killed in a gruesome head-on collision. The driver of the other vehicle, Randall LaBrie, had a blood alcohol level that was twice the legal limit when he crashed into the couple's oncoming truck.

Despite the fact that bartenders and other patrons recognized that he was obviously intoxicated that night, LaBrie was able to get in his vehicle and drive away.

The night ended with five deaths — LaBrie and his two passengers and the couple in the oncoming lane, John and Carol Munkberg.

In an affidavit, State Trooper Lanny Hensley described the fiery wreck as “by far the worst fatal crash I've seen.” He added that if LaBrie had survived, the state would have pursued four counts of vehicular homicide.

In a lawsuit filed last week, the Munkberg family seeks damages from bar owners whose businesses reportedly provided alcohol to the clearly intoxicated man before the fatal crash.

Under Wyoming law, those who serve alcohol cannot be held liable for damages caused by an intoxicated individual.

The suit asks Judge Steven Cranfill to declare that the law protecting bar owners from legal action is unconstitutional.

In 2003, the Wyoming Supreme Court upheld the law's constitutionality in a 3-2 decision.

It is in the best interest for everyone on Wyoming highways for bar owners to be held responsible if they continue to serve intoxicated individuals and neglect to contact law enforcement when drunks drive away.

On the night the Munkbergs were killed, several bar patrons offered LaBrie a ride, noticing his drunken state. He refused.

At one point, a bartender reportedly asked the bar's owner if they should continue serving LaBrie, according to the legal complaint. She consented.

Law enforcement wasn't contacted until LaBrie was driving erratically down the highway, playing “chicken” with oncoming vehicles.

According to the suit, a bartender recalled that as LaBrie left the bar, she was glad her daughter was coming home on a different roadway and wouldn't be sharing the same road as LaBrie.

Unfortunately for some families, their loved ones were on the same highway.

Trooper Hensley said in an affidavit that he found the crash particularly disturbing because “it could have happened to any one of us or our families.”

It is our hope that other families may be spared this tragedy in the future.

Comments