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Lawsuit Filed Against Casino for Drunk Driving Death

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Superior Court to review lawsuit against Mohegan Sun at Pocono Downs

DALLAS – Is it a valet’s duty to stop a visibly intoxicated person from driving drunk?

That was a case before the state Superior Court during a special session at Dallas High School on Tuesday.

Richard Moranko, 38, of Old Forge, left Mohegan Sun at Pocono Downs in Plains Twp. in January 2011 with a blood-alcohol level of .329 percent and died in a one-vehicle crash on Route 315 in Pittston Twp.

His wife, Faye Moranko, filed civil action against Mohegan Sun at Pocono Downs.

Attorney Joseph Cosgrove said the valet should not have let Mr. Moranko get behind the wheel in a visibly intoxicated state.

Mr. Cosgrove pointed out Mohegan Sun has a Responsible Alcohol Management Program under Pennsylvania gaming laws. If the valet implemented its program, “this tragedy would not have occurred,” he argued. He said casino employees could have asked how he was doing, if he needed a cup of coffee or a cab.

“We’re not asking anything other than reasonable conduct by these people,” said Mr. Cosgrove, who was joined by attorney Jamie Anzalone. “When they have this visibly intoxicated driver and they simply give him the keys and send him out on the road, that cannot be the policy. It simply cannot be the law.”

Defense attorney David Heisler said the Responsible Alcohol Management Program involves not letting people gamble while intoxicated.

Mr. Heisler said Mr. Moranko was drunk before he arrived at the casino. He cited case laws stating the valet could not deny him the right to get his property back. A state police officer at the casino told the valet that Mr. Moranko’s keys must be returned to him, Mr. Heisler said.

“If you do not give the keys back, you are preventing someone from using their car. That, case law says, is conversion,” Mr. Heisler said. “He was drinking all day long. It was a choice he voluntarily made that day. It was not the responsibility of the casino for the condition he put himself in.”

Pennsylvania Superior Court Presiding Judge Jack A. Panella, Judge Sallie Updyke Mundy and Judge William Platt heard the case Tuesday.

Judge Panella questioned if the casino committed to other legal obligations besides holding onto Mr. Moranko’s vehicle and giving it back to him when he was ready to leave.

“Did they agree to supervise his conduct?” Judge Panella asked. “Did they agree to say, ‘We will make judgment calls on your behalf if we believe you are going to drive unsafely?'”

Luzerne County Judge William Amesbury previously heard the case and ruled in favor of Mohegan Sun at Pocono Downs. Pennsylvania Superior Court judges will review the case and did not set a timetable for their decision.

NJ SUPREME COURT REVIEWS DWI TEST

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DWI Test Faces Review

TRENTON—Critics of the breath test used in New Jersey drunken-driving cases took aim Tuesday in front of the state’s Supreme Court, arguing that modifications mandated by the court five years ago haven’t been implemented by the state and that the test should be scrapped.

At issue is Alcotest, the machine that began to replace the old Breathalyzer machines beginning in 2001. A lawsuit brought by 20 people charged with DWI who challenged the results of the test succeeded in halting the use of the machine in 2006. A 2008 Supreme Court decision that called Alcotest “generally scientifically reliable” and allowed the machine to be used, with some modifications, but required the state to make software changes in the machines and create a centralized statewide database of Alcotest results that would be available to defendants and their attorneys.

Attorney Evan Levow, who represents drunken driving defendants, said, “Alcotest is scientifically unreliable because the state never made the changes.”

Arguing for the state, Deputy Attorney General Robyn Mitchell said the software modifications required in the 2008 ruling are included in the new version of the Alcotest that hasn’t yet been rolled out.

The court could rule that the current version of Alcotest is acceptable or that the new version should be implemented, or it could appoint a special master as it did before its 2008 ruling to review the machine’s reliability.

OVER-SERVED, OVER THE LIMIT

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Enjoying a night out with friends can be a great time, but it can also lead to serious consequences. In 2010, more than 10,000 people died as a result of a drunk driving accident, that’s one every 51 minutes.

When you’re out with friends it can be difficult to keep track of how many you’ve had, so when you’re visibly intoxicated and still being served drinks by a bar, restaurant or other establishment, the Supreme Court of New Jersey has ruled they may be liable for damages caused by your subsequent actions. Holding these places of business accountable for negligence is known as dram shop liability.

If you are seeking a criminal defense attorney for yourself or a loved one, contact the Law Office of Howard D. Popper, P.C., during the past 25 years, we have worked tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction. We offer free initial consultations and can travel to you upon request. Contact us toll free at 1-888-844-0776.

The Law Office of Howard D. Popper, P.C., is a proud member of the Million Dollar Advocates forum. Established in 1993, the Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of U.S. lawyers are members. Additionally, as a member of the American Association of Justice, the Law Office of Howard D. Popper, P.C., plays a meaningful role in the fight for civil justice while empowering ourselves to most effectively represent our clients against even the most powerful adversaries.

Friends Don’t Serve Friends Drinks And Let Them Drive

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Hosting or attending a party is a great way to stay connected with your friends, whether it’s to celebrate a birthday, promotion, marriage, or just to catch up; everyone enjoys a good ole fashion house party once in awhile. But just what kind of risks are you taking in hosting or attending that social gathering?

Legally, a “social host” is any person who by express or implied invitation invites another person into their home and who legally provides alcoholic beverages to that social guest. If you, as a social host, serve alcohol to a guest who is “visibly intoxicated” and that guest leaves your party and causes injuries to a third person (for example, by drinking and driving), you can be held responsible for the injuries and damages caused by your guest.

Likewise, if you are a guest at a party and the social host over-serves you alcohol and doesn’t provide adequate transportation from the gathering, they may be held responsible for injuries and damages to a third party resulting from an accident that may occur while you are trying to get home.

At the Law Office of Howard D. Popper, P.C., we have fought for the rights of New Jersey residents for more than a quarter of a century. What sets us apart from our colleagues in the profession is our strong commitment to getting the best results for you. In a personal injury case, we will use our extensive skill, knowledge, experience and resources to find every last dollar for you. When we defend you in a criminal matter, we will work tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction.

We will come to the hospital or your home to meet with you if you are unable to travel. Our law firm offers a free initial consultation and represents our clients on a contingency basis in personal injury claims (meaning you pay no fee unless we recover compensation for you). Contact us toll free at 1-888-844-0776.

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