Someone will have to explain why these things happen:
On the day in question, the Webbs were served 22 alcoholic beverages in a 12-hour span, from before noon to near midnight. Id. ¶¶ 12 – 13, 24; Pl.’s Resp. to Def.’s Facts ¶¶ 17, 66, ECF No. 79 (“Pl.’s Facts”). Most of these drinks were Long Island Iced Teas, each of which contains 2.5 ounces of alcohol. Pl.’s Facts ¶ 69. Plaintiff ordered and signed for drinks throughout the day for both herself and Decedent, save for when the Webbs both ordered drinks at the casino bar. See Def.’s Facts ¶¶ 14 – 17, 22, 24 – 26. The two attended dinner at 9:30 p.m., where Decedent, who was inebriated, did not slur his words or stumble. Def.’s Facts ¶ 20; Pl.’s Facts ¶ 20. But less than an hour later at the casino bar, Decedent fell off his barstool after a round of drinks. Def.’s Facts ¶ 23; Pl.’s Facts ¶ 75. Parties dispute the reason for Decedent’s fall, and whether the bartender acted appropriately after the fall or was warned to cease serving Decedent drinks. At 11:43 p.m., roughly an hour after the fall, Plaintiff signed off on what would be a final round of drinks for herself and Decedent. Def.’s Facts ¶ 25.
After midnight, Plaintiff and the Howes went to the ship’s nightclub as Decedent stayed behind to finish his cigarette. Id. ¶ 30. Decedent never arrived at the nightclub, however. See id. ¶¶ 30 – 36. Instead, he entered his cabin alone at 12:28 a.m., and ultimately stepped out onto the cabin balcony. Id. ¶ 37 – 38. Around 1:00 a.m., Decedent fell off the balcony onto the lower deck, resulting in his death. Def.’s Facts ¶ 41; Pl.’s Facts ¶ 64. Parties dispute Decedent’s blood alcohol content at the time of his death, and Plaintiff’s and the Howes’ level of concern for Decedent’s well-being before his fall.I'd say it's tragic but it seems worse than that in a way and utterly pointless to boot.
Judge Cooke denied sj btw.
How's my mood?
(Three days to the inauguration kiddos!)
Ahh screw it: