Many of us remember the fatal car crash of 2011 that killed Ryan Dunn (of MTV‘s Jackass) and his friend Zachary Hartwell. After the horrible news was reported, we soon learned that Ryan was the one driving the car and that he had been drinking heavily that night. Zachary‘s parents are now suing Ryan Dunn‘s estate for unspecified damages, claiming that Ryan is responsible for the untimely death of their son. Details inside.
TMZ has the report:
The parents of the passenger who was also killed in Ryan Dunn’s fatal 2011 high speed car crash are suing the “Jackass” star’s estate … claiming Dunn was extremely drunk when he wrecked his Porsche and is responsible for killing their son.
TMZ broke the story … Dunn had been drinking HEAVILY before he crashed his Porsche into a tree at 132 mph in Pennsylvania in June 2011 … killing himself and his passenger Zachary Hartwell.
Now, Hartwell’s parents have filed a lawsuit against Dunn’s estate AND the bar where Dunn had been drinking before the crash … claiming Barnaby’s West Chester was negligent in serving Dunn after he was obviously hammered.
The Hartwells also claim Dunn was reckless and negligent by operating his vehicle while under the influence of alcohol … and should not have been driving at extremely dangerous speeds.
Zach’s parents are suing for unspecified damages … claiming they’ve lost the services, guidance, and comfort of their son. And they want Dunn’s estate to cover expenses associated with Zach’s death … including funeral costs.
Zach’s parents are also suing on behalf of their son’s estate … claiming Dunn and the bar should pay for the “pre-impact fright, fear, pain and suffering” that Zach experienced before he died.
Zach’s parents also want both parties to pay for the wages Zach would have earned during his lifetime.
Now this story got a lot of responses on TMZ and some other sites. Some folks are saying they totally understand Zachary‘s parents (George and Erma Hartwell); they lost a son and feel that they wouldn’t have, if Ryan Dunn had been more responsible. But others have pointed out that Zachary was drinking as well, and that he made an unfortunate decision by getting in a car with Ryan, but it was his decision to make.
Others have questioned the total validity of the suit, considering that it’s been a year since the accident; they argue that it seems unlikely that this is being motivated by grief.
What do you guys think? I’m not sure you can really sue a bar for serving a drunk person more alcohol… can you? I mean, obviously you can, but I don’t see how this would hold up in court. Should a bartender be responsible for determining whether or not a person is drunk and– if so– how drunk? And while I cannot understand what the Hartwells are feeling right now, I’m not sure that it’s fair to blame Ryan or the bar for what happened. Overall, I think it’s just really sad when tragedies like this turn into legal issues. Drunk driving is definitely an issue and there should be more discussion (and action) concerning laws and how they factor into cases like this, but I don’t think that this is the way to go.
You can read the court documents for the lawsuit here.
He drunk, got into a Porsche and sped home. He killed Hartwell.
Re suing a bar – depends on local dramshop laws.
I know it could just be the wording but I take issue with them suing for the loss of service’s their son would have provided. What sort of services does an adult child provide to their parents? And for his financial earnings he would have gotten over his lifetime? Those were his earnings to gain and now he’s no longer with us. Why are they suing for something that would never have been rightfully theirs in the first place? None of this makes sense and it really seems like a year later they’ve fallen on hard times and are trying anything to make some money.
It seems to u they have fallen on hard times? Really?? Tell me what do u know about them? How long does it take before u just say fuck it my son is dead I think I’m over it…..I’m sorry 365 days is too much for u…. Hmmm. I’d expect u couldn’t give an honest answer because u never grieved for anything…..but why do u assume they fell on hard times and want money now…. Find me an article or an interview with the Hartwells! You can’t…. All u know is Ryan dunns estate is being sued and u know the details from reading comments fromm people who have no idea what they’re talking about….his future income is quite relevant… Do u know y they went out that night? To celebrate the$$$ zac was about to make… It was a day for the designated driver to have a night out for his accomplishments…Do u know why the estate had t been sued all ready? No one was asking these questions. No one asked y Ryan was driving…. Just that Zac shouldn’t have been a passenger…. That’s like telling a bank it’s responsible for being robbed… If they didn’t have money on the premises then the robbery wouldn’t have happened…. Ur argument is one that people make who would not do very well at the bar exam…. If u no what that is …… If Zac had killed Ryan, and Ryan’s family sued Zac…. That is when this would all be ok…. Because after all Ryan was a star and Zac, Zac was an equal, not famous but had just as much excitement for life as his famous friend….if Ryan had lived through this accident, then what…. O I know, I bet Ryan would make the first Internet comment about how this is really Zac’s fault and how Ryan just really needs to be left alone…. Or maybe he Would offer every last dime he had to them to say i can never repay u for what ive done, but paying for zacs funeral, pain and suffering, and his future earnings is the LEAST i can do…. I think thats exactly what ryan would do…..it’s funny these people saw him on tv and now want to defend him….sick….. He killed one of best friends……it was not an accident…. Who accidentely starts their engine and puts the car in drive and steps on the gas…… How do those purposeful acts add up to an accident…..they don’t….. But that’s all right, hopefully u truly never experience what the entire Hartwell family is going through…..it’s one thing to hear about a famous person dying tragically…. And it’s another thing to have that famous person not be held accountable for killing ur heart and ur soul…. The Hartwell family’s soul was named Zac… And Ryan Dunn owes them for taking him away….
I can only imagine the pain and suffering they feel, but I fail to see why his estate has anything to do with this. Presumably, a family member is managing the estate, so they’re just further compounding the pain and alienating people who are also suffering. What Ryan did was extremely reckless and stupid, and he paid the ultimate price. The families ought to join together and educate people about the consequences of drinking and driving. Money isn’t going to make the pain go away.
His estate may have debt that needs to be paid. Medical bills, funeral expenses, as well as any debt he had prior to the accident.
I definitely understand wanting the costs of the funeral to be covered. I meant to put that in my OP, but clearly forgot. Funerals are *expensive*.
But saying “Dunn and the bar should pay for the “pre-impact fright, fear, pain and suffering” that Zach experienced before he died.”? That just seems odd to me. And suing for potential wages lost? Perhaps they are shooting high and hoping to settle?
I think people make mistakes. That is life. They were both impaired by alcohol and they both made a bad decision. His parents should not now be seeking money over it. I might think a little differently if he had young children that needed to be supported, but his parents are not entitled to any money he might have made. It might also be different if Hartwell was innocent and in another car but he wasn’t.
U can’t put a price on it??? A billion dollars isn’t going to bring him back….ask the parents , who absolutely have rrights to their son….for all u Internet lawyers read up on PA law….would u rather have $$$ or ur son???? If u died tomorrow, ur family deserves nothing….. U must not be worth much or have much self esteem…..have u ever thought u were gonna die???? How do u know it doesn’t feel like working for a billion dollars and not getting to spend it….??? Put urself there that night… If u were Zac….. And u were about to take that bend at130 mph…. What would u… A reasonable person say? Wwweeeeeeeeee this is where I want to be right now ???? Or HEY SLOW THE FUCK DOWN. I don’t wanna crash…. Is it still ur fault… If a drunk woman starts to have sex with a drunk man but then wants to stop is she at fault for starting even though she didn’t want to go through with it….
it was vehicular manslaughter…the person behind the wheel is responsible and obligated and someone with a valid legal license to NOT be drinking. There are no laws regarding passengers intoxication. So your analogy to suing a bar does not equate to the same.
Exactly.
ohs, thanks for weighing in here. I brought up the bar because the Hartwells are suing the bar as well, which I found strange. I can actually understand why they would hold Ryan accountable (for the reasons you gave), but since Ryan is also deceased, I think going after the estate does make it look like a financial issue, rather than one of justice.
You can sue bars, and depending on where you live, it can be a successful lawsuit. Many states have what are called “dram shop laws,” which basically place some liability on liquor establishments if they over-serve or serve someone who is obviously intoxicated. Sounds like that may be the case here.
As far as the money his parents are seeking, if they were reliant on their son for financial support, their claim about future earnings might have weight. That will all need to be proven in court, so I don’t think this lawsuit is going away anytime soon.
Yes, it’s strange but true. I’ve been legally allowed to serve alcohol in one Canadian province and one American state (you have to take a course to be able to serve) and both places were very firm that over-serving is illegal and you (the server) are responsible for any alcohol-related actions after patrons leave the establishment.
Stephanie and Syslak– thanks for commenting. Had NO idea about this law. Kinda makes sense too.
I’m sorry but how is suing going to help? Ya Ryan was drunk and killed Zach !!! How is suing going to bring there son back to life, drag all this pain back up again for Zach’s family and Ryans, for what??
Americans just think suing is gonna help solve everything !!
Ive been a bartender for almost ten years and one of the hardest things is to cut off a “regular”, which Ryan Dunn most likely was at this bar. But here in CA, it’s against the law to sale/sere alcohol to someone who is clearly impaired and as a bartender, I am held liable. I could very easily be sued by family if someone I overserve gets in or causes an accident. Usually when I know someone is intoxicated, I literally ignore them and wordlessly place water in front of them. But I have served customers that I knew I shouldn’t have, usually because I think cutting them off will be a hassle. So I feel for this bar and the bartender, because you just never know.
i totally agree.. i am a server/bartender as well and when i read this story the first thing i thought was that i feel bad for whoever was serving them. it’s ryan dunn, who’s gonna cut him off at the bar?
regarding the suit i think that it’s fair that the estate pay for the funeral expenses but as a few people have already said, his parents are not really entitled to any of his future earnings and you really can’t put a value on someone’s “pre-impact fright, fear, pain and suffering”.
If your traveling at 132 mph and hit a tree you are not going to suffer at all