She's Boned! Waitress charged for serving alcohol to teen

Banana

Diamond Member
Jun 3, 2001
3,132
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Waitress

July 19

Alcohol Law Enforcement Agents obtained arrest warrants Monday for Tracye Leigh Osborne, 23, of Charlotte for allegedly selling alcohol to an underage person.

Agents say Osborne was a waitress at the Wild Wing Café on Ayrsley Town Boulevard in Charlotte where 17-year-old James Patrick Cippoletti and several of his friends were drinking Friday night.

Cippoletti allegedly left the bar and struck a tree on Hwy. 16 in Weddington and was killed.

ALE Agents say they recovered evidence from the Wild Wing Café as well as Cippoletti's car that traced him back to the table and server at the establishment.

A violation report will be sent to the N.C. ABC Commission, which could result in the suspension or revocation of the establishment's ABC permits.

Management officials say Osborne is no longer an employee of the establishment.

Betcha restaurant is going to be sued.
 

Dulanic

Diamond Member
Oct 27, 2000
9,965
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Because of course its the waitresses fault the dipshit is underage and got drunk and drove, take responsibility for your own actions! Im sure the kids parents are going to sit there and blame her, screw that. Yes she shouldnt have served someone who was underage, however how do we know what happened? Did someone buy it for him? Did he have a fake ID? Could be any number of things.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
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tbqhwy.com
Originally posted by: Dulanic
Because of course its the waitresses fault the dipshit is underage and got drunk and drove, take responsibility for your own actions! Im sure the kids parents are going to sit there and blame her, screw that. Yes she shouldnt have served someone who was underage, however how do we know what happened? Did someone buy it for him? Did he have a fake ID? Could be any number of things.
 
Jan 18, 2001
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She is in criminal and civil deep sh!t, as is the restaurant/bar.

yeah the kid killed himself, but if they had done hteir job better then he may not have.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
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Originally posted by: HomeBrewerDude
She is in criminal and civil deep sh!t, as is the restaurant/bar.

yeah the kid killed himself, but if they had done hteir job better then he may not have.


yip, its her job to card. she didnt, kid got drunk, got killed. pretty black and white.
 

minendo

Elite Member
Aug 31, 2001
35,560
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Originally posted by: HomeBrewerDude
She is in criminal and civil deep sh!t, as is the restaurant/bar.

yeah the kid killed himself, but if they had done hteir job better then he may not have.

Of course the kid could have had a fake or someone else actually purchased the alcohol for him. You'd be amazed at how authentic some fakes really are.
 

Electric Amish

Elite Member
Oct 11, 1999
23,578
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If the bar ID's upon entrance, then the waitress should not be held liable.

If it's the waitress' job to ID the patrons, then she's at fault.
 

Ogg

Diamond Member
Sep 5, 2003
4,829
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guess this is one job that she'll check the no box on when prospective employers ask if they can call and get her history.........
 

djheater

Lifer
Mar 19, 2001
14,637
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Originally posted by: Dulanic
Because of course its the waitresses fault the dipshit is underage and got drunk and drove, take responsibility for your own actions! Im sure the kids parents are going to sit there and blame her, screw that. Yes she shouldnt have served someone who was underage, however how do we know what happened? Did someone buy it for him? Did he have a fake ID? Could be any number of things.


The point of allowing the culpability of the server is to scare the living fvck out of them. If there was any doubt at all about his age she should have refused to serve him. This puts the waitress and establishment in an uncomfortable but necessary position. If we were a society where we could trust each other not to drink to excess and then get in a car, her prosecution would not be necessary. As it stands though teenage drunk driving is a serious problem and this is pretty much the only recourse.

I'm curious, can any of our European members comment on how this would be handled in countries where it would be legal for this kid to drink??
 
Jan 18, 2001
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Originally posted by: minendo
Originally posted by: HomeBrewerDude
She is in criminal and civil deep sh!t, as is the restaurant/bar.

yeah the kid killed himself, but if they had done hteir job better then he may not have.

Of course the kid could have had a fake or someone else actually purchased the alcohol for him. You'd be amazed at how authentic some fakes really are.

perhaps, btu she is still in very very very very deep legal and moral sh!t.

regardless of whether or not the kid had an ID, he may have been overserved. Failing to refuse alcohol to someone visibly drunk is also another way for servers and bar owners to end up in court.
 

Amused

Elite Member
Apr 14, 2001
57,150
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The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.
 

Tsaico

Platinum Member
Oct 21, 2000
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While I agree she shouldn't have served him and should be fined, suing the bar for them not teaching their own son to 1) Never Drink and Drive, 2) Simply have common sense. A fine for her should be the only repercussion from this. It was his fault he drove while intoxicated. The next thing we are going to see are the parents suing the people who planted the tree, if no one is available, then state for not cutting it down, the car manufacturer for not having a breath-alyzer in the car, then the state will put the parents in prison for child endangerment since they bought the car, didn't petition for the tree to get cut down, and for having a child.

Lame...
 

minendo

Elite Member
Aug 31, 2001
35,560
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Originally posted by: Tsaico
While I agree she shouldn't have served him and should be fined, suing the bar for them not teaching their own son to 1) Never Drink and Drive, 2) Simply have common sense. A fine for her should be the only repercussion from this. It was his fault he drove while intoxicated. The next thing we are going to see are the parents suing the people who planted the tree, if no one is available, then state for not cutting it down, the car manufacturer for not having a breath-alyzer in the car, then the state will put the parents in prison for child endangerment since they bought the car, didn't petition for the tree to get cut down, and for having a child.

Lame...

It's the American Way.

BLAME <INSERT SOMEONE ELSE HERE>.
 

djheater

Lifer
Mar 19, 2001
14,637
2
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Originally posted by: Amused
The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.

That's probably true. Though I would ass, that's not to say we shouldn't feel a certain moral and social responsibility to try and discourage the behavior, not that criminalizing underage driniking is particularly effective, but we do have to adress the issue somehow.
 

Amused

Elite Member
Apr 14, 2001
57,150
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Originally posted by: djheater
Originally posted by: Amused
The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.

That's probably true. Though I would ass, that's not to say we shouldn't feel a certain moral and social responsibility to try and discourage the behavior, not that criminalizing underage driniking is particularly effective, but we do have to adress the issue somehow.

Fine. Prosecute the parents.
 

djheater

Lifer
Mar 19, 2001
14,637
2
0
Originally posted by: Amused
Originally posted by: djheater
Originally posted by: Amused
The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.

That's probably true. Though I would ass, that's not to say we shouldn't feel a certain moral and social responsibility to try and discourage the behavior, not that criminalizing underage driniking is particularly effective, but we do have to adress the issue somehow.

Fine. Prosecute the parents.

haha, I said ass. I meant add. I'm the suck at typing.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: Amused
Originally posted by: djheater
Originally posted by: Amused
The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.

That's probably true. Though I would ass, that's not to say we shouldn't feel a certain moral and social responsibility to try and discourage the behavior, not that criminalizing underage driniking is particularly effective, but we do have to adress the issue somehow.

Fine. Prosecute the parents.

and so it begins.... :disgust:
 

DougK62

Diamond Member
Mar 28, 2001
8,035
6
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Originally posted by: Fausto
Originally posted by: DougK62
I wonder if the kid had fake ID.
Must've been a freaking good one since he was only 17.

Some of these high school dudes got full grown beards and look older than me. I have a hard time identifying who are high schoolers these days - unless they open their stupid mouths :D
 

Amused

Elite Member
Apr 14, 2001
57,150
18,710
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Originally posted by: Citrix
Originally posted by: Amused
Originally posted by: djheater
Originally posted by: Amused
The waitress is guilty of serving alcohol to a minor if no fake ID is found. However, the death is the kid's fault. To blame her and the bar for the kid's death is simply passing the buck.

A kid determined to get drunk and off himself will do it no matter how many laws you pass that try to stop him.

That's probably true. Though I would ass, that's not to say we shouldn't feel a certain moral and social responsibility to try and discourage the behavior, not that criminalizing underage driniking is particularly effective, but we do have to adress the issue somehow.

Fine. Prosecute the parents.

and so it begins.... :disgust:

So what begins? The kid was doing illegal things while under the care and custudy of his parents. His death is on THEIR shoulders. No one else's.
 

bmacd

Lifer
Jan 15, 2001
10,869
1
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it's completely the waitress's fault since i'm sure she FORCED the kids to drink at the restaurant. Granted, she holds a certain responsiblity to check the age of the customers, but she should not be responsible for his drinking and driving, nor his death. He chose his own path.

-=bmacd=-