Employer Held Liable for After-Hours Drinking

Cianbro-Williams Bros. was engaged in the construction of the new Albemarle Sound bridge. The Cianbro employee information handbook contained a policy that "no person under the influence of alcohol, marijuana, or nonprescription drugs shall be allowed on the project work site." Following work on October 17, 1986, Howard Smith, an employee of Cianbro, and about 10 other employees met in the parking lot to drink beer before going home. The beer was paid for by "passing the hat." Supervisory personnel at Cianbro were aware of the after-work activity. After drinking some beers, Smith left the site in his car. While proceeding across the bridge, Smith crossed the center line and ran head-on into another vehicle. As a result of the collision, Regina Peale, a passenger in the second car, was permanently neurologically damaged and will require institutional care for the remainder of her life. She was 21 years old at the time of the accident. She now has the mental capacity of a six-year-old. As she ages, her condition will worsen. Ms. Peale's father died in the accident. Witnesses at the accident scene indicated that Smith appeared obviously alcohol-impaired. Smith was not seriously injured in the accident. Read More...