NM Supreme Court: Gas stations may be liable for selling fuel to intoxicated drivers

[Teh One Who Knocks]

by: KRQE Staff, Kim Vallez




NEW MEXICO (KRQE) – The New Mexico Supreme Court ruled Monday that gas stations may be liable for selling fuel to intoxicated drivers. According to a news release, the court’s majority concluded that the “legal doctrine of negligent entrustment of chattel applied to the sale of gasoline – creating a “duty of care” for vendors to refrain from supplying fuel to drunken drivers because of the risk of harm from driving while intoxicated.”

Chief Justice Michael E. Vigil and Justices C. Shannon Bacon and David K. Thomson formed the Court’s majority. Justice Barbara J. Vigil dissented saying this could have far-reaching consequences for retail businesses and no New Mexico law specifically requires non-alcohol vendors to prevent DWI. Vigil retired from the court at the end of June.

The decision comes in response from the U.S. Court of Appeals for the Tenth Circuit to resolve a question of state law concerning the potential liability of a McKinley County retailer that sold gasoline in 2011 to an intoxicated driver, Andy Denny, near Tohatchi.

Gallup Deacon Marcellino Morris Jr. was killed while driving on a highway on the Navajo Nation after Denny had just gotten gas at the Tohatchi Giant and drove the wrong way on the highway. According to the lawsuit, Denny tested more than twice the legal limit, three hours after the crash.

A federal district court’s decision in a lawsuit by the victim’s father prompted the reason the question was presented to the New Mexico Supreme Court.

“A duty not to sell gasoline to an intoxicated person is consistent with liability for providing an intoxicated person with alcohol or a vehicle,” the Court’s majority wrote in an opinion by Justice Bacon. “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 gasoline to an intoxicated driver is consistent with New Mexico law.”

NEW MEXICO SUPREME COURT NEWS RELEASE

The attorneys for the deacon’s family say they’re thankful for the opinion. “I think it’s a good day for New Mexico and it’s a common-sense approach to the law and I think it will help keep people safe in a way that doesn’t unduly burden commerce,” said Zackeree Kelin, Morris’ family attorney.

The case does have to be heard in district court by a judge or jury to decide if, in this case, the gas station is liable. It’s unclear under the new ruling how much investigation vendors will have to do to determine whether a person may be intoxicated.

Morris’ family is seeking damages from the gas station. They say Morris spend his last days working to translate the bible into the Navajo language. To read the decision in Morris v. Giant 4 Corners, No. S-1-SC-37997, visit the New Mexico Compilation Commission’s website.

[lost in melb.]

You've got to be kidding me?

I understand how it might be advisable not to sell fuel to someone intoxicated, but this could put the gas station in a very dangerous position.

Even n liberal paradise Australia, the onus is on the driver not to get drunk if they're going to drive.

[Teh One Who Knocks]

You've got to be kidding me?

I understand how it might be advisable not to sell fuel to someone intoxicated, but this could put the gas station in a very dangerous position.

Even n liberal paradise Australia, the onus is on the driver not to get drunk if they're going to drive.

Other than in two states, almost all gas stations are self service. So what are stations supposed to do? Have an attendant stand out the pumps and give everyone a breathalyzer test before they can pump gas? This is a stupid ruling.

[KevinD]

NM liberal government hard at work.

[PorkChopSandwiches]

[Godfather]

I'm going to sue the city for letting me use the roads to drive drunk while I'm drunk driving

[perrhaps]

Other than in two states, almost all gas stations are self service. So what are stations supposed to do? Have an attendant stand out the pumps and give everyone a breathalyzer test before they can pump gas? This is a stupid ruling.

Good point, but how about when an obviously drunk driver comes into the station, does his drunken six-step boogie and then hands over cash to prepay for his gas?

[Teh One Who Knocks]

Good point, but how about when an obviously drunk driver comes into the station, does his drunken six-step boogie and then hands over cash to prepay for his gas?

Do you want to leave this up to some pimple faced 16 year old working a summer job running the cash register at a gas station?

[FBD]

Good point, but how about when an obviously drunk driver comes into the station, does his drunken six-step boogie and then hands over cash to prepay for his gas?

the smart attendant takes the cash and lets the driver proceed, calling the cops as soon as driver steps foot back out to pump gas. then shut the pump when the driver attempts to pump gas, plead dumb when driver comes back in to ask what the delay is. bored cops show up quickly.

but that said, this should be a common sense response and not one mandated by whatever those fkn entities are that call themselves the government

[Godfather]

I think it's one thing when you're a restaurant and clearly over-served someone without asking if they had a safe ride home. I agree that bars may hold some responsibility there, as court have routinely found with host liquor liability (here at least)... but a gas station attendant isn't privy to that, they didn't serve the person the booze, they're simply filling up a tank of gas. It's just a totally unreasonable expectation to me.