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Stupidity at its best - alcoholic falls down stairs- sues hotel for brain damage
Every now and then I run into an article that is so insane, it's just too wacky to make up. Such is the story of Michael Fenton. This self admitted alcoholic checked into the Marriott Marco Island resort and spa last January, apparently with the sole intention of getting plastered.
Two days into his debauchery, he walked out of the bar to make his way to the bathroom. Instead of relieving himself, he stumbled down a 100 foot staircase and now suffers from brain damage.
To most people, this would be an important wake up call - but not to Mr Fenton.
Instead of accepting responsibility for his actions, and be happy he survived the fall, he's decided it would be much easier to blame the hotel, and sue them.
In his claim, he blames the hotel bartender for serving him, even though he was obviously intoxicated. He then goes on to claim the hotel staircase is a code violation.
The lawsuit seeks damages for injuries, pain, suffering, mental anguish, disfigurement, hospital expenses, medical and nursing care treatment, loss of earnings and loss of the ability to enjoy life. The damages were filed as being more than $15,000 (my guess is he's asking for a couple of million).
I think he's just lucky he was so drunk when he fell down those stairs, or he would have really injured himself. Keep your fingers crossed that he runs into a judge that gets this stupid case thrown out within 15 minutes, or this lunatic will be clogging the legal system for years.
(Via: Naples News)
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Filed under: Hotels and Accommodations, News
Reader Comments (Page 1 of 4)
Richard Feb 10th 2009 2:11PM
Don't blame this drunken idiot--he is just part of our society that takes no responsibility and sues at the drop of a hat.
Blame the juries and judges that hand out the awards to these people.
Many years back, when I practiced law in small towns, a judge would have chewed his ass and the attorney who brought the suit for even daring to file such a suit. It would have lasted five minutes ---and then both would have been thrown out of the court room.
mikey Feb 10th 2009 2:25PM
Crazy as it may seem, most if not all states put the onus on the establishment and the bartenders serving the alcohol, and the lawyers are more than happy to take cases like this slug. i used to bartend, but quit when it became impossible to monitor every single persons level of intoxication in rooms with hundreds of people, some of whom may have been drinking elsewhere before they came in. It wasn't worth going to jail for.
Laura Feb 10th 2009 2:26PM
What's really sad is that all of the components are present for this dumbass to file suit. I'm not familiar with Marco Island, but many (if not most) U.S. states have alcohol laws set that can make bartenders and waiters liable under these circumstances. While I understand the idea of shared responsibility between venue and patron, it's unfortunate that this guy can take advantage without holding up his side of deal. You know, act like a responsible citizen and not a douchebag.
Mike Feb 10th 2009 2:39PM
You're right, Laura. It is called the "Responsible Vendor Program" and each person serving alcohol in the state of Florida has to be certified.
Unfortunately, this azz will probably get a large sum as a settlement, because rarely do these cases ever make it to trial. Insurance companies realize that it's more cost effective to settle than go through a lengthy trial with associated costs and negative publicity for their client.
The down side is that this just encourages more people to sue. Knowing beforehand that the defendant's insurance company will settle will not help stem the never-ending tide of frivolous lawsuits.
It seems that personal responsibility is a thing of the past as well. Blame someone else for your idiotic behavior. Not only will you suffer no consequences for your own actions, you can probably profit from your senseless irresponsibility.
Brian Feb 10th 2009 2:31PM
Unfortunately this man has a case- read cases about Dram Shop Laws. these laws involve bars and bartenders being responsible for serving intoxicated customers. if this man was as drunk as it sounds, then the bartender should not have continued to serve him. the primary job of a bartender is to serve drinks, however they are trained on when to "cut-off" a customer- i was a former bartender and did it many a time.
Tyrone Feb 10th 2009 8:08PM
You're wrong. I know for a fact that when I sit down to drink, I can get up and walk with out anyone knowing I'm drunk. A bartender is not God. Most times when people go to a bar they bring friends. Some bars, and clubs, have hundreds of people drinking. They send their friends up to buy drinks who knows what happens after the drink is out of the bartenders hands?
notherROUND Feb 10th 2009 2:34PM
Well,,,,, it got drunk and damaged his brain. Faulty brain ,,,,,, Purge it. I suppose the LIBERAL SOCIALIST COURT SYSTEM will do it's usual and award the damaged brain a few millions.
Nemo1 Feb 10th 2009 4:36PM
Damn right, lets get rid of our LIBERAL SOCALIST JUSTICE SYSTEM. Uh, what would you prefer? Sharia maybe? Sounds like you might like Sharia law. How about something like Argentina had in the 70's? That wasn't socialist. Very conservative, you'd like it I'm sure. Is socialist the same as communist? If so thats to bad 'cause I'm sure you'd approve of the Chinese justice "system".
Cyn Feb 10th 2009 2:35PM
Sadly, this "idiot" will more than likely see money for this. This is something I see every day. I work in the commercial insurance industry and Liquor Liability is my specialty.
Fortunately for the Marriott this took place in Florida. It is not that easy in FL to hold the establishment responsible for negligent service of alcohol. If I am not mistaken, in FL you must prove the negligence was "willful". (that's no easy task)
In other states like MA, you pretty much only have to prove that one establishment was the last place the intoxicated person was served. (Or to be exact, not be able to prove that the insured was drinking anywhere else after they were at your establishment!) That last establishment pretty much is left holding the bag.
I do think drinking establishments should be held to reasonable standards. While I certainly believe in the responsible service of alcohol, I do see business owners held responsible for the actions of others all the time. Its a shame that our society encourages individuals to never take responsibility for their own actions.
Jay Preston Feb 10th 2009 2:42PM
I don't buy suing the hotel for the drunkenness.
However, drunks need safe and properly constructed stairways (probably more than the rest of us). It's not hard to make a stairway so out of whack that it is a dangerous trap, even for the sober.
Tammy Feb 10th 2009 3:00PM
I don't think he is stupid for suing.
The bartender should have cut him off after it was obvious the man was trashed.
We are put on this earth to care and look after one another. Too bad no one was watching out for this poor man.
Alcohol is the offender.......and the people who serve it to people already intoxicated.
Alcoholism is a disease. It has symptoms, is progressive and can respond to treatment but only if the alcoholic takes responsibility for his condition.
So, many will say, "Well, if he has to take responsibillity, how can the hotel/motel bar be responsible?" They are not responsible for the disease....they are responsible for continuing to sell drinks to the intoxicated man.
It is all about the mean green dollar. People do not care for each other anymore. It is really a sad situation!
I do not think the man should be awarded millions or eeven thousands but the bar and the hotel/motel should have to house DUI offenders for free for a few months! Bet they would quit serving drunk patrons then! ;>)
Katherine Feb 10th 2009 7:41PM
Just wanted to point out that it's people like you who enable others to ignore their own responsibilities. He's an adult and shouldn't have ordered those drinks - but that was his plan in the first place - he wanted to get that drunk - so no one with a brain should feel anything but anger at the fact that he is suing because his dumba** fell.
j8ke Feb 10th 2009 8:12PM
Tammy, I for one, was not "put on this earth" as you say, to take care of anyone other than whom I choose to. I do not choose to babysit strangers simply because they are not intelligent enough to take care of themselves. When moron's such as this are allowed to screw the system it costs us all. We all would have been better served had this dunce died from his ignorance. Survival of the fittest.
Ky Feb 10th 2009 8:16PM
Give me a break. "...This poor man." "Don't blame him, blame alcohol..." Puh-leeze. Alcoholism is a disease, yes, but he knew he was an alcoholic, he's admitted as much. As far as I'm concerned, that places the onus on him to seek treatment. I'm diabetic and I know it. Therefore, if I stuff myself silly at the local bakery and go into a coma, do I sue the bakery? Do I blame sugar? NO! I know I have a disease that makes sugar bad for me, so it's my own flippin' fault if I start eating it by the handful. It is not the responsibililty of you or the rest of society to pay for a Keeper to follow me around and make sure nobody serves me a Death By Chocolate sundae.
Brenda Feb 10th 2009 2:55PM
This is so stupid i hope he doesnt get a dime! I hate people who sue for every little thing!
jonas Feb 10th 2009 4:08PM
It's hard to believe there's a Lawyer stupid enough to even consider filing seut on something so rediciolus, that is the problem with this country, everybody trying to get into somebody else's pocket.
dvssec20 Feb 10th 2009 2:49PM
Hum... Don't forget to sue McDonalds also... It all started with a cup of coffee and the rest is history.
Missy Moons Feb 10th 2009 5:02PM
Yep, that's who's REALLY to blame. McDonalds. That lawsuit taught us that someone else is ALWAYS responsible for our actions. EVEN when we take the coffee in our own hands and put it in our laps, Mickey D's is responsible.
This is the worst thing we can teach our kids, that it's someone else's fault.
lee Feb 10th 2009 2:57PM
Is this any stupider than the pack of illegal alien Mexicans who are suing the Arizona farmer for stopping them, holding them for the authorities, and thus "Violating," their civil rights? Now it seems that making a citizens arrest aqainst obvious illegals is going to get you sued. Even though these illegals have been destroying his land, killing his cattle, and threatening him with violence, their "Civil Rights," were violated. Whats next? The thugs suing police for having the audacity to Arrest them?
jmjmosley Feb 10th 2009 2:58PM
If I was on the jury he would not get a dime. It's his own fault. No one takes responsibility for their own actions any more. The hotel didn't get him drunk. He did it himself.