Meanwhile, at Senor Tequila's...

The city of Florence never disappoints entertainment-wise. For those who missed the shooting Saturday night at On the Rocks, Senor Tequila's said "Watch this" before hosting a cat fight.

A Florence Police spokesperson stated in a press release that it was a fun night.*

* Strictly satire

"On the Rocks" & the Dram Shop Act

 

On the Rocks is what many would call a local pub. It occupies prime property on North Court Street in a building that for many years housed the Davis Dress Shop. Look closely at the the Facebook pic of OTR and you can still see the Davis name imprinted on tiles at the entrance. OTR has lasted longer than many such establishments do in the fickle world of passe' if it happened over 24 hours ago.

Should, or perhaps more to the point, can OTR be held responsible in part for the death of Brittany Underwood? This is what the law states:

1.  the sale of alcohol was contrary to law;

2.  the sale of the alcohol was the cause of the intoxication; and

3.  the plaintiff’s injuries were proximately caused by the intoxication.

Those present on the night of the accident have stated Burns was intoxicated when he left the bar; however, one problem for William Hovater may be in proving John Clark Burns Jr. didn't consume more or most of the intoxicating alcohol after he left OTR. The telling word in interpretation of the law is "known alcoholic." Was Burns an alcoholic? Hovater's comment concerning the young man's history would seem to indicate that will be a lynchpin in the case. 

For those who think OTR employees should not be legally considered nannies, the fact remains that it's currently the law and has been for decades. Just because we don't like a law does not make us exempt from it.

Is five million dollars an outrageous amount in this case? We're guessing this amount is an estimate of the projected earnings of Underwood had she lived a normal lifespan. Alabama law also provides for punitive damages, and juries have been known to award much more than the original amount asked. Liquor liability insurance in Alabama runs about $16.00 per 1K in alcohol sales. Let's hope OTR has a good policy.

We should also note that under this law, Burns' family may also sue OTR. Stay tuned...

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Another take on it from our friend OB: No Winners

Shoalanda

He's Graduating/She's Still Dead

(John Clark Burns Jr.) was a regular there and we feel like employees of the business knew his history.-- William Hovater

Deep pockets. If you're not familiar with that little bit of legal slang, it means you sue the person/entity with the most money. Apparently in the case of the death of Brittany Marie Underwood, this would be the downtown Florence bar "On the Rocks." Thursday, Underwood's parents brought suit against OTR for five million. We're going to guess that John Clark Burns Jr.'s insurance company is also a prime target for a suit; however, we've not heard of one being filed as yet.

Since September, we've had several readers inquire about Burns' condition (he was also injured in the September 9th Cypress Inn, Tennessee, crash). We've learned that Burns will be graduating from UNA with a degree in business administration come this May. It's safe to infer that Burns is getting on with his life.

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Will Underwood's family definitely sue Burns? That we can't answer. We do know that those who contacted us after the young woman's death had nothing but praise for Burns, painted him as a victim, and accused this blog of lying about alcohol being a factor in their relative's death...and all after the State of Tennessee had already issued an arrest warrant for Burns on charges of vehicular homicide.

OTR employees may have shown extremely poor judgment in serving Burns, but it's nevertheless John Clark Burns Jr.s' decision to drink and drive that took the life of Brittany Underwood.

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Will the Underwood family win their lawsuit? They've demanded a jury trial; we predict they'll win. Then what of OTR? Over 20 years ago, a similar suit put a downtown Florence restaurant out of business. Let's hope OTR has some very good liability insurance.



Shoalanda