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Originally Posted by analog
1. I see people who suffer from chronic pain all the time. No amount of money is worth it.
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I do live in chronic pain. I've never attempted to assign a dollar value to it, but I would not ever think it's value to be so high as all that.
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Originally Posted by analog
2. You are incorrect that the restaurant is not at fault. Anyone who serves alcohol is responsible for the amount they serve, and that a person they've served does not go drink and drive if they're intoxicated.
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This may be legally true, but personally I find it ludicrous that people would pass off personal responsibility in this manner. It should not be your host's responsibility to make sure that you don't do something stupid as a result of their offering alcohol. Similarly, the restaurant should not be held responsible for individual folly. I feel quite confident in asserting that nobody at the event forced the man to drink (let alone drink to the point of intoxication), nor did anyone there force him to subsquently get behind the wheel of his car.
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Originally Posted by analog
3. Have you not considered that the wife has required 40 surgeries? The costs of those surgeries, plus follow-ups and regular doctor's visits alone could be several million.
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Much of which should have been covered by the driver's insurance. This is why liability insurance is (and should be) mandatory for vehicle owners; when the worst happens, the owners are in most cases unable to cover the costs. Even if the driver had no insurance, I doubt very much that the tally would be anywhere close to $40 million.
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Originally Posted by analog
Their lives were destroyed. With no offense intended- saying you'd gladly take chronic pain and suffering for $39 million is about the most foolish and misguided thing I've ever heard. You have no idea what that kind of suffering (physical and emotional) is like.
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Nobody's debating that these people have suffered. Or at least, I most certainly am not. The question isn't whether they should receive some form of recompense, but rather what that reasonable amount should be and who should be considered liable to pay it. I would not want to be the person to attach a dollar value to the livelihoods and well-being of two people, but even so I think $39 million is a bit excessive to say the least. Similarly, I don't believe that the establishment owners did anything morally wrong, even if they are legally responsible.