Valets And Drunk Patrons

By Amy E. Feldman

PHILADELPHIA (CBS) – Bartenders have a duty not to let a drunk patron drive. What about a valet?

A 38-year-old Pennsylvania man left the Mohegan Sun Casino, got his car from the valet, and, with a blood alcohol content of .329, drove himself off the road. His family sued the casino, arguing that the valet shouldn't have given him back his keys when he was visibly intoxicated.

Forget asking why anyone other than a 38-year-old man is liable for his decision to drive drunk—that individual responsibility ship has sailed. And sunk. We already know that bars who serve patrons past the point of intoxication are held liable if those people get into an accident.

But should the valet -- who was in the best position to stop him from driving -- have kept his keys? The Pennsylvania Superior Court just said no. The valet was legally obligated to return the keys to their rightful owner or the valet could have been guilty of a little thing called grand theft auto. It not only didn't have the responsibility to keep the keys, it didn't have the right to. So when someone gets drunk and drives, they'll have to look elsewhere to find liability. Anyone got a mirror?