Legal Question in Personal Injury in Ohio

Being sued

almost 2 years ago i was at a wedding and i was served to much beer and i got out of control, my cousin was hurt in the fight, I was taken to jail and charged and convicted. now my cousin is suing the hotel where the party was held for serving and intoxicated person to much and not cutting me off. Now i have been getting letters from a lawyer about me being sued. Is this possible? I was already punished for my crime. If he is suing the hotel then why am i in this at all? can the hotel be coming after me? Also what happens if i dont show up for this? i cant be taken to jail, do i just get a judgment on my credit? I dont have anything for them to take, im poor.... any info would help.

Thanks


Asked on 10/15/03, 12:01 am

3 Answers from Attorneys

Mary Ditmer Mary A. Ditmer, Attorney at Law

Re: Being sued

You are correct. This is a civil suit and therefore, not punishable by jail time. Your cousin is seeking damages, ie., money. If they prove their case against the hotel and you, the law can hold both you and the hotel jointly and severally liable. Meaning, you would have to pay whatever share of the damages the jury or judge assesses were your portion of the injury caused to your cousin. If you have no assets to attach, they will simply take a judgment against you. Most likely, they are going after the hotel because they have the means to pay the damages. The hotel will want to keep you in the suit to shift some of the responsibility and to lighten the load so to speak. You can choose not to hire someone to defend you in this matter, but you should at least consult an attorney before making that decision. Hope this helps.

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Answered on 10/15/03, 9:37 am
Timothy Hess T. Hess & Associates, LLC

Re: Being sued

The punishment you served was for the criminal portion of your case. Criminal & civil are unrelated. (Remember O.J. got aquited of murder criminally but was found liable and had to pay in the civil trial brought by the Goldman family.) The hotel is probably bringing you into the suit against them. WHoever is suing them is going after the deep pocket, the hotel. Don't ignore this though. Ignoring it will not make it go away. And yes, it could end up being a judgment against you on you credit if you ignore it, but they can garnish your wages and put liens on your property or any property you buy in the future.

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Answered on 10/15/03, 11:34 am
Steven Martinek Steven Martinek Lawyer Ltd.

Re: Being sued

It appears to me that you have caused enough damage to your cousin, your family, and yourself. YES, it is possible for you to be sued and for a judgment or award of damages to be issued against you. This does not constitute double jeopardy. You need to retain an attorney, yesterday. Your cousin's injuries appear to have been the direct result of your poor judgment, in having chosen to drink to excess, along with some emotional, psychological, behavioral, or attitudinal glich in your makeup. He may well secure a judgment or settlement from the hotel. In today's world your attorney may even contrive some justiciable cross-claim by you against the hotel, if you can establish that the hotel knew, or should have known, of your condition and the hazard of continuing to serve you alcohol. For tactical/litigation purposes, and more importantly for your personal integrity, I urge you to get counselling and to join A.A.. (YOUR PHRASING OF THE ISSUES DEMONSTRATES THAT YOU HAVE ASSUMED NO EFFECTIVE PERSONAL RESPONSIBILITY FOR THE CONDUCT OR THE INJURIES AND DAMAGES. Rather, "...because I was served too many beers...my cousin was injured..." I submit it would be more accurate to state "because I drank too many beers...and because when I drink I become combative or aggressive, or mean...I beat my cousin and caused rather serious injuries...for which I was properly sent to jail..." I pray you grow and mature from this incident and the consequences.

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Answered on 10/15/03, 1:05 pm


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