Reckless driving and buying alcohol for minors in Alabama can have huge liability implications for their parent. In a series of articles, I’ve been looking at the tragedy as a result of the driving of Nick Bollea, professional wrestler Hulk Hogan’s son, where the passenger was horribly injured from the standpoint of what would be the applicable law if the accident had occurred in Alabama. In my first post in this series, I covered the tragic injuries sustained by the passenger in the accident. In my second post, you saw the previous instances where Nick had shortly before the wreck been cited for speeding at very high rates of speed and also bragging about getting out of some speeding tickets. In my third post, you could hear an actual conversation that took place between Hulk Hogan and Nick. Most people would conclude that instead of having any remorse for what had occurred, Nick and his father were ignoring Nick’s responsibility for what had occurred. That post highlighted the important role that punitive damages has in protecting the public from drivers like this to prevent that driver and others from “a reckless or conscious disregard of the rights or safety of others.” My fourth post in the series briefly discussed negligent entrustment. The point there was that if you know that someone has been a dangerous driver in the past and you put them behind the wheel, you then are legally responsible in a civil action if their dangerous driving injures someone. Based on the media accounts, it appears that Hulk Hogan would be facing a negligent entrustment claim if the accident had occurred in Alabama and a civil suit was filed here.
Besides the reckless driving charge, authorities cited Nick Bollea for using a motor vehicle in commission of a felony, being a driver under 21 operating a vehicle with a blood-alcohol level of .02 percent or higher. Authorities released a long report detailing parts of their investigation. In the report, it covers the hours leading up to the crash.
Significantly, a store clerk told police that Hulk Hogan with “his son Nick and several other young males” had picked up several cases of beer earlier that day. She said that Hulk Hogan (Terry Bollea) paid for the purchase with either a credit card or a debit card as he signed for the purchase. The police investigator got the receipt and it showed Hulk Hogan purchased: 2 cases of Miller Lite beer, 2 cases of Corona Extra beer, 1 case of Miller Chill beer, and 5 bags of ice. The store clerk said Hulk Hogan (Terry Bollea) carried out two of the packages of beer and one of the other young men carried out the third package of beer, according to the police narrative. Another witness interviewed by the police stated Hulk Hogan came out and put two packages in his truck and drove off alone. Nick Bollea and his friends drove off in the car that later was in the accident. The inference from the police report is that they had one of the packages of beer in their car. The police report states that Hogan, Bollea, Graziano (the passenger who was injured), and two others spent the day drinking and cruising around on Hogan’s boat.
Alabama has a specific statute that makes a person legally responsible for the injuries to a third party if they supply alcohol to someone who causes injury because of their intoxication. Alabama’s Dram Shop Act provides, in pertinent part:
“(a) Every … parent … who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.”
§ 6-5-71 Ala. Code (1975). The Dram Shop Act does not require physically serving the alcohol to the minor (pouring them a drink or handing them a beer). Rather, the statute is triggered in any case in which a person unlawfully provides alcohol to a minor that results in the minor’s intoxication and proximately causes a covered injury. This means if you buy it or supply it, you can be held liable. See Runyans v. Littrell, 850 So.2d 244 , 245 (Ala. 2002). Hence, the mere fact that no one served Nick on the date of the accident would not be dispositive of the case. Providing alcohol for minors gives rise to a cause of action. Marting v. Watts, 513 So.2d 958 (Ala. 1987).
Nick Bollea had a blood alcohol level of 0.034/0.034 g/dl of alcohol in his blood. § 32-5A-191 Ala. Code (1975) states that a minor (under the age of 21) who is driving with a blood alcohol of 0.02 or greater is legally intoxicated. In Alabama, Hulk Hogan would be sued for a Dram Shop Act violation for the injuries from the accident based on the media reports of his purchases and activities prior to the wreck.
Perhaps you have seen a number of news articles of accidents that I have posted and wondered why am I reporting them. The highway is dangerous under the best of circumstances. Add alcohol and a drunk minor and unfortunately disaster is just around the bend. Litigation plays an important role in our society in discouraging the dangerous practice of providing alcohol to minors. I have had family members come to me to represent them when they had a loved one killed on the highway. Their grief and the tragedy in their lives was not a laughing matter. Fast driving and drinking are dangerous.
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