Judge: Men who bought drinks for driver not liable for crash

Two men who bought drinks at The Nutty Irishman bar in Farmingdale for their designated driver were not responsible for the car crash he later had, a Nassau Supreme Court justice has ruled.

Justice Randy Sue Marber found on Sept. 29 that the two may have had a moral obligation to refrain from giving drinks to the driver, Michael Rahner of Plainview, but they had no legal responsibility.

Marber wrote in her decision that "Rahner was not forced against his will to consume the beverages that were purchased for him."

The men who gave Rahner the drinks were James Mae Jr. of Melville and Michael Hoenig, whose residence was unknown yesterday, court papers say.

During the Oyster Bay crash on Dec. 2, 2007, passenger Ryan Luciere of Plainview was injured and he later sued Rahner and the bar.

Under New York's dram shop law, bars may be held liable for the acts of intoxicated patrons who injure someone if it is shown a bartender sold liquor to an obviously intoxicated person.

In a creative legal move, White Plains attorney J. McGarry Costello - who represents The Nutty Irishman - then sued Mae and Hoenig, arguing when they bought drinks for Rahner, they violated their agreement that he would serve as their designated driver. The purpose of the bar's lawsuit was to lessen its own responsibility.

Costello, the bar's attorney, said Wednesday, "We respectfully disagree with the decision, and we're looking into the possibility of an appeal."

Mae's attorney, Kevin Spellman of Smithtown, said he was "obviously pleased with the decision of the court." Hoenig's attorney could not be reached for comment.

"The judge followed the law," said Garden City attorney Anthony Licatesi who represents the injured man.

Joseph DiRaimo, a Garden City South attorney who represents Rahner, the driver, said Wednesday, "You can't assume that you develop a legal obligation when a few friends get together at a bar."

Luciere's civil case continues to move forward. Rahner was charged with drunken driving after the crash but was acquitted.