Articles Tagged with dram shop liability

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Adam Becker 508-822-2000

Adam Becker
508-822-2000

Early Tuesday Morning, June 29, 2016, Thomas O’Day of East Bridgewater, aged 52, was tragically killed while picking up lane marking cones on Route 93 in Medford, MA near the Roosevelt Circle exit.  According to the Massachusetts State Police, the incident occurred when the worker was struck by a drunk driver.  Another worker was injured in the incident as well.  At the time of the incident, Mr. O’Day was working for HiWay Safety Systems, Inc. which is subcontracted by the Massachusetts State Transportation Department to perform highway marking.

The driver, James Scoville of Chelmsford, has been charged with vehicular homicide and operating under the influence.   Scoville’s parents stated that both they and their son were devastated by the incident.  Bostonglobe.com has reported that Scoville had worked a double shift on Monday as a waiter at State Street Provisions, a restaurant on Long Wharf in Boston.

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By: Erica Pereira, Esq.

I would like to take this opportunity to wish you all and your families a Happy New Year! Tonight is the night where people spend the night with friends and loved ones socializing and celebrating, feasting and drinking until the early morning hours. Whether you are ringing in the New Year’s at a house party or at a big venue, there are a few things that you should keep in mind in order to assure that you and your loved ones are safe and that you know of the laws in place if you are throwing a party.

If you are the one who is throwing a New Years Eve party, the law regarding social host liability is relatively clear in Massachusetts. Under the law, MGL c. 138 section 34, the social host of a party is only responsible for the actions of its intoxicated guests if the host either serves the alcohol or exercises control over the supply of alcohol. This means that owners of houses used for house parties cannot be held liable for a guest’s negligence unless the owner provided the alcohol to the guests or controls the distribution of alcohol to the guests.

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