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Montclair Woman Dies

Submitted by thebyrd on Tue, 04/08/2008 - 4:02pm.

It is sad to see someone so young lose their life, especially to an alcohol related incident. On my Southlakes Cove Neighborhood Watch board, they had mentioned an incident that happened this past week where a 21 year old was struck by a vehicle on 234 near the end of Waterway. She had decided to not drive her vehicle due to the intoxication. Another neighbor had mentioned the incident to me along the lines of the woman was being disorderly and was asked to leave Brothers Encore and went over to Burger King and was being unruly there as well. Then she apparently went over to Bloom and used the telephone there to phone a friend that would be coming to pick her up from Manassas via the South Bound Side of 234. She was caught on tape falling down, so she must have been extremely drunk. She was informed that the authorities were on their way. It is unclear as to who alerted them. She then apparently decided to go to the other side of 234 to be ready for her friend to pick her up. This is why the accident occurred, due to the rain and low visibility.

I am asking that everyone be mindful of the pedestrians when nearing the shopping center near 234 in case they have had too much to drink. I can only imagine the nightmares the unsuspecting drivers of the vehicles involved can experience for the rest of their lives. This kinda ties back in to the new wine club that is going in over next to giorgios. Be mindful of the possible issues with dodging the pedestrians in that ken walker area after they have had a little more than their legal limits and have not had the foresight to plan for safe transportation.

News Article - Montclair Woman Dies

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In the paper
Submitted by TGBWC on Tue, 04/08/2008 - 7:59pm.

There was an article about this on the front of the Potomac News the other day. They didn't mention the restaurant by name, just a "bar". I guessed she was at Brother's Encore by the location given in the article. It said that police had logged a phone complaint about someone who was drunk and disorderly about 15 min. prior to the accident.

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Sad
Submitted by Brad-Hancock on Wed, 04/09/2008 - 6:34pm.

It is sad this this happened and the girls will be growing up without a Mom. I didn't get a chance to read the Potomac News article, but the article online infuriates me.

I love the way it starts.

"Jeanna Elizabeth Stewardson was given more to drink than a woman her size should have the night she stumbled onto Va. 234, family members said."

They place all the blame on the bartender and bar. I'm sure she was forced to go in there and then had the bartender poor alcohol down her throat against her will. Where was the family at this time when they new she was "extremely stressed."

Again, this is sad, but the blame lies not with the bartender, the bar, or the alcohol, but with the consumer.

Brad Hancock
"I reject your reality and substitute my own!"

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No, You're wrong.
Submitted by TJ Southard on Mon, 04/14/2008 - 1:55pm.

I've been looking for the exact law or liability that bartenders are subject to in the state of virginia. I haven't been able to find the documents yet but I'm on the hunt. Basically each state has it's own law pertaining to this subject but all the states I have found just list different levels of punishment but not that they aren't liable.

Legal Obligations of a Bartender

Do not serve those who are already under the influence of alcohol
"This obligation is if someone has clearly had too much to drink, then you are legally obliged to refuse to serve them."

I'm sure they knew she was to drunk. Those last drinks that they served her, might have pushed her over the edge. They could have stopped her from getting to the point of not being able to control herself.

Also, common sense, When you enter a place of business, your under the care and responsibility of the establishment to make sure you enter safely and leave in the same state. Your right, she had to much to drink, but sometimes people need to be saved from themselves.

TJ.

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Wrong about what?
Submitted by Brad-Hancock on Mon, 04/14/2008 - 3:22pm.

Are you saying that I am wrong in that the blame lies with the customer? I will grant that the bartender could and likely should have stopped serving her earlier, but your statement, much like that of the family, seems to resolve the drinker of responsibility.

"They could have stopped her from getting to the point of not being able to control herself." She was obviously already in that state or she could have controlled how much she drank.

You stated "Do not serve those who are already under the influence of alcohol." Taken literally, as soon as a person takes the first drink, they are under the influence of alcohol. Should the bartender refuse to serve them a second drink? If not, where does the cut off come in? This is a judgement call and yes, at some point it becomes clear, but not knowing her level of intoxication or how she was acting when served the last drink, I don't think any of us can make that judgement.

You also state "When you enter a place of business, you're under the care and responsibility of the establishment to make sure you enter safely and leave in the same state." Where do you get that from? Again taken literally, you could not have any drinks in order to fulfil the responsibility to leave in the same state. If I am on the golf course and get hit by a ball some other golfer shanked, is it the fault of the golf course? If I am in the hardware store and drop a sledge hammer on my foot is it the store's fault? People should take more responsibility for their own actions and not worry so much about blaming others.

I would be much more inclined to believe the law you reference would be invoked to protect an innocent party that was injured by a person who had drank too much verse the person doing the drinking. Thankfully, hat was not the case here.

Brad Hancock
"I reject your reality and substitute my own!"

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eh?
Submitted by TJ Southard on Mon, 04/14/2008 - 9:08pm.

Of course she should hold at least half the blame. Of course someone should know their own limit.... I'm still trying. I never said she was without blame. All I'm saying "In my opinion" is the bar should be responsible for how much alcohol they serve a person. They need to take their keys call a cab do what ever it takes to get that person home safely.

I waited tables back in the day in Norfolk and I made sure I knew how much people were drinking and cut them off when they had to much.

I need a drink - pce

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