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Florida Wrongful Death Lawsuit Sues ATV Victim’s Father for Letting His Son Drive Drunk

In Florida, the estate of a man who died while operating an all-terrain vehicle is suing the decedent’s father for wrongful death. David Jason Irby died on April 21, 2007 after he crashed an ATV into a Chevron sign. The Florida wrongful death lawsuit accuses the 28-year-old’s father, David Wayne Irby, of negligence for allegedly allowing his son to operate the ATV even though he knew his son had been drinking. The older Irby had been hosting the party where his son drank. The complaint was filed by the decedent’s mother, Bonnie McCabe, on behalf of her son’s estate. McCabe’s Florida wrongful death lawyers say that McCabe wants any money received from the lawsuit to go toward her son’s children, Chase, now 5, and Gavin, who was born after his father’s death. They contend that David Jason Irby’s blood alcohol limit was about three times above the legal limit of .08% when he got behind the wheel of the ATV and that allowing him to operate the all-terrain vehicle was like letting him get behind the wheel of a regular motor vehicle while drunk. The estate also plans to sue the ATV owner for Irby’s wrongful death. In Florida, a person or business can be held liable for serving alcohol to a driver who is visibly drunk and/or for allowing him to get behind the wheel of a motor vehicle. Even if the drunk motorist doesn’t sustain injuries as a result being involved in a drunk driving accident, other parties who are injured as a result of the drunk driver’s negligent behavior can file a personal injury claim or wrongful death lawsuit against the social host responsible for serving the alcohol. Steps people who are serving alcohol can take to make sure that people don’t drive drunk: • Make sure you stay sober so you can keep an eye on how much alcohol your guests are consuming. • Don’t let people who have had too much to drink get in the driver’s seats of their cars. • Assign designated drivers or call cabs. • Stop serving people alcohol when you can see that they are clearly intoxicated. The trouble with drunk friends, Insure.com, February 13, 2009 Related Web Resources: NHTSA

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