Reference no: EM133418461
Question: Kevin and a companion spent most of a Saturday afternoon and evening drinking alcoholic beverages at Kevin's home. Around 10:00 p.m., they decided to visit a local tavern, where they had arranged to meet some friends. The two drove in Kevin's automobile to the tavern, which was located on a highway some 5 kilometres away. Kevin was obviously quite drunk when he arrived at the tavern, and for the next two hours he continued to drink beer. At closing time, the bartender informed the group (who were all quite drunk by then) that they must leave the premises. Kevin and his companion did so, and drove from the tavern parking lot, with Kevin behind the wheel and his companion attempting to
direct him into the traffic. When the way appeared to be clear for Kevin to enter his traffic lane, his friend said: "Okay! Clear to go!" Kevin accelerated into the traffic, but was unable to control the automobile, and it careened across the centre line of the highway and into the path of an oncoming vehicle.
The collision destroyed the two automobiles, killed the driver of the other vehicle, and permanently crippled both Kevin's friend and the passenger in the other automobile. The estimated loss suffered by those injured in the accident was $1,900,000. Apart from some cuts, bruises, and a broken arm, Kevin suffered no serious effects from the accident. Blood tests taken shortly after the accident indicated that
Kevin's blood-alcohol level was almost three times the legal limit.
Advise the parties of their rights in this case and indicate how the liability, if any, would be determined.
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