Top state court is second to rule that gas stations can be liable for selling fuel to drunken drivers abajournal.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from abajournal.com Daily Mail and Mail on Sunday newspapers.
By Bill Galluccio
Photo: Getty Images A duty not to sell gasoline to an intoxicated person is consistent with liability for providing an intoxicated person with alcohol or a vehicle, Justice
C. Shannon Bacon wrote in the majority opinion. Gasoline, alcohol, and the vehicle itself are all enabling instrumentalities involved in intoxicated driving. Gasoline is required to operate most vehicles today. Providing gasoline to an intoxicated driver is like providing car keys to an intoxicated driver. Accordingly, liability under negligent entrustment for the sale of gasoline to an intoxicated driver is consistent with New Mexico law.
The decision stems from a 2011 case in which a drunk driver was involved in a fatal crash after leaving a gas station. Shortly after leaving the station, the driver swerved onto the wrong side of the highway and killed another driver. Three hours after the crash, the driver s blood alcohol content was more than three times the legal limit.
Lalo Castrillo
LAS CRUCES, N.M. (AP) A New Mexico Supreme Court order has brought a trial in the death of a 2-year-old Las Cruces girl to an abrupt halt.
Opening statements were given Monday before the trial of 26-year-old Lalo Anthony Castrillo had to stop. The issue stems from prosecutors’ appeal of the judge s decision to exclude exhibits involving Faviola Rodriguez’s 2018 death. According to the judge, prosecutors had missed too many deadlines to turn over exhibits to the court and defense attorneys.
Castrillo, who was dating Faviola’s mother, is accused of abusing the girl to the point of death. The judge has until July 26 to respond to the order.
By Bill Galluccio
Photo: Getty Images A duty not to sell gasoline to an intoxicated person is consistent with liability for providing an intoxicated person with alcohol or a vehicle, Justice
C. Shannon Bacon wrote in the majority opinion. Gasoline, alcohol, and the vehicle itself are all enabling instrumentalities involved in intoxicated driving. Gasoline is required to operate most vehicles today. Providing gasoline to an intoxicated driver is like providing car keys to an intoxicated driver. Accordingly, liability under negligent entrustment for the sale of gasoline to an intoxicated driver is consistent with New Mexico law.
The decision stems from a 2011 case in which a drunk driver was involved in a fatal crash after leaving a gas station. Shortly after leaving the station, the driver swerved onto the wrong side of the highway and killed another driver. Three hours after the crash, the driver s blood alcohol content was more than three times the legal limit.
By Bill Galluccio
Photo: Getty Images A duty not to sell gasoline to an intoxicated person is consistent with liability for providing an intoxicated person with alcohol or a vehicle, Justice
C. Shannon Bacon wrote in the majority opinion. Gasoline, alcohol, and the vehicle itself are all enabling instrumentalities involved in intoxicated driving. Gasoline is required to operate most vehicles today. Providing gasoline to an intoxicated driver is like providing car keys to an intoxicated driver. Accordingly, liability under negligent entrustment for the sale of gasoline to an intoxicated driver is consistent with New Mexico law.
The decision stems from a 2011 case in which a drunk driver was involved in a fatal crash after leaving a gas station. Shortly after leaving the station, the driver swerved onto the wrong side of the highway and killed another driver. Three hours after the crash, the driver s blood alcohol content was more than three times the legal limit.