Updated 05/23/2007 07:57 AM
Bars review training after lawsuit filed
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WINSTON-SALEM -- Businesses that serve alcoholic beverages are reviewing training after three bars were included in a wrongful death suit filed against Winston-Salem television anchor Tolly Carr.
The lawsuit filed by the family of Casey Bokhoven says WXII morning anchor Tolly Carr's negligence in driving drunk and violating other traffic laws caused Bokhoven's death on March 11.
The suit filed in Forsyth Superior Court also accuses three bars of negligence, saying that Carr "was served and did consume a large quantity of alcoholic beverages... and left... in an extremely intoxicated condition."
State ALE agents offer training classes for bars and restaurants, and they stress bartenders can legally refuse to serve anyone they think has had too much to drink.
Bartenders can be charged with a criminal misdemeanor and the bar can be forced to close.
Robert Ivey, the district supervisor for Alcohol Law Enforcement in Greensboro said, "it is against the law for them to sell to, to knowingly sell to an intoxicated person."
"We would do a violation report that is submitted to the state ABC commission in Raleigh," Ivey added, "and they would take action against the person, the location's permits, whether that is suspending their permits, permanently revoking their permits, or fining them."
Bar managers try to avoid that and possible lawsuits by dealing with it before a customer leaves and gets in their car.
"You can look at someone and know they've reached their limit [and know] t's time to cut them off," said Malorie Holloway, a manager at Natty Greene's in Greensboro.
She said the staff is trained to keep an eye out for warning signs, such as "slurred speech, dizziness, swaying," among other signs.
She added that word of the lawsuit has gotten around, saying, "We definitely have heard about it."
Holloway said they do back up their staff if they think someone should be cut off, "letting them know, you do have the right to refuse service and us as managers will back them 100 percent."
They also keep the numbers for cab companies handy.
State ALE agents offer training classes for bars and restaurants, and they stress bartenders can legally refuse to serve anyone they think has had too much to drink.
"The 10 or 15 cents that's made off profit off that beer is nothing compared to the criminal or possible civil litigation that can follow. It's not worth it," added Ivey.
The suit filed by Bokhoven's family seeks punitive and compensatory damages in excess of $10,000.
Carr remains in jail and hasn't yet come to trial.