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Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Missouri Law Review
Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …
Missouri Still Refuses To Impose Social Host Liability For Furnishing Alcohol To Minors, Al J. Smith
Missouri Still Refuses To Impose Social Host Liability For Furnishing Alcohol To Minors, Al J. Smith
Missouri Law Review
Following the repeal of the Missouri Dramshop Act in 1934, Missouri courts did not recognize a civil cause of action against a supplier of alcohol for injuries suffered by a third person that were caused by an intoxicated person. For many decades, a supplier of alcohol was immune from any liability. Gradually, as society took notice of the dangers created by intoxicated drivers, various courts began chipping away at this common law immunity. Jurisdictions across the country began imposing liability against commercial vendors of alcohol for the injuries caused by intoxicated patrons. In the early 1980s, the Missouri courts first …
Alcohol-Related Car Accidents - The Eighth Circuit Moves Toward Policy Change In Erisa Litigation, Marcus Wilbers
Alcohol-Related Car Accidents - The Eighth Circuit Moves Toward Policy Change In Erisa Litigation, Marcus Wilbers
Missouri Law Review
According to the National Center for Statistics and Analysis, the 16,694 alcohol-related fatalities in 2004 accounted for 39% of all traffic deaths. Although declining slightly from previous years, alcohol-related driving deaths are tragic, and their devastating effects on families are readily apparent. Although typically dubbed "drunk-driving accidents," courts have traditionally refused to describe these deaths as "accidental." This is particularly true when decedents or their beneficiaries attempt to collect accidental death benefits under the Employment Retirement Income Securities Act ("ERISA"). Focusing on the previously mentioned statistics, courts have often reflected the social intolerance for drunk driving in their decisions. Courts, …