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11/17/2008
Davis Law Group Staff
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Family sues Madison Square Garden in crash that killed 2-year-old

According to a lawsuit filed Thursday, concessions workers at Madison Square Garden continued to sell alcohol to a visibly intoxicated off-duty police officer who later crashed his SUV and killed a two-year-old boy named Jose Carlo Zelaya and has left his mother in a coma.  The police officer's Jeep Cherokee rear-ended the car in which the boy was riding. Freibott's blood-alcohol level was more than three times the legal limit.

The suit naming Madison Square Garden and its parent company, Cablevision Systems Corp., was filed on behalf of the baby's family.  The lawsuit seeks compensatory and punitive damages as well as reimbursement of costs and fees.

In cases where the actions of a bar, tavern, restaurant, or other establishment serving alcohol contribute significantly to the inebriated state of a driver they, as well as the drunken driver, can be held liable for damages. Referred to as "dram shop laws," liquor establishments are required to serve alcohol responsibly. In the state of Washington, a restaurant or bar cannot sell alcohol to a minor, to someone who is obviously intoxicated, after hours, or without a valid liquor license (other laws apply to liquor stores and grocers). If a bar sells alcohol illegally, it can be liable for any death or serious injury caused by the illegal sale.

Look for more information on drunk driving cases, case results, and more in our firm library.



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