Thursday, July 21, 2011

DUI Appeal - Early Release Of Drunk Motorist Could Make City Liable

In Milanese v. City of Boca Raton, --- So.3d ----, 2011 WL 2848628 (Fla.App. 4 Dist.) the City was sued after they released an intoxicated motorist from jail and for releasing him into a "zone of danger". Here, he was released while still intoxicated, and he then passed out across a set of railroad tracks. The train did not stop on time. His BAC at death was allegedly .199.

The majority found that the allegations of the complaint raised a legitimate claim that the City violated the decedent's due process right to reasonable care. Citing to previous caselaw, the court stated:

“There may be no duty to take care of a man who is ill or intoxicated, and unable to look out for himself; but it is another thing entirely to eject him into the danger of a street or railroad yard; and if he is injured there will be liability. But further, if the defendant does attempt to aid him, and takes charge and control of the situation, he is regarded as entering voluntarily into a relation which is attended with responsibility.”

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