Sell gas to drunks, get sued: court

The court was reviewing a lawsuit filed by two men who were severely injured in 2000 when they were struck head-on by Brian Lee Tarver, who later pleaded guilty to vehicular assault and driving under the influence. Before the accident, Tarver bought $3 worth of gas at an Exxon owned by East Tennessee Pioneer Oil Co.

Knox County Circuit Court Judge Harold Wimberly had dismissed the lawsuit, saying the gas station could not be considered negligent under state law. The Supreme Court disagreed and last week sent the case back to Knox County for trial.

The lawsuit filed by Gary L. West and Michell B. Richardson alleged the gas station employees knew Tarver was drunk and that Tarver’s car would not have reached the location of the crash if he had not been allowed to buy gas.

The cashier at the station refused to sell beer to Tarver, who smelled of alcohol and was having trouble walking, according to court documents. He then gave the cashier $3 dollars for gas and went outside to the pumps. Two off-duty employees helped him turn on the pump and then watched him drive away into the oncoming lane of traffic.

The court said the employees did not have to stop Tarver from driving, but they could have refused to sell him gas.

“A safer alternative was readily available and easily feasible — simply refusing to sell gasoline to an obviously intoxicated driver,” Justice William M. Barker wrote in the opinion.

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Information from: The Knoxville News Sentinel, http://www.knoxnews.com