SGI faces backlash over bar lawsuit

‘Contributory negligence’ claimed

SGI’s decision to sue two Saskatoon bars that allegedly over-served Catherine McKay, the drunk driver who killed the Van de Vorst family, continues to provoke discussion.

That’s due in part to an SGI Facebook post, which the insurer stated was about “correcting misconceptions” surrounding the lawsuit it announced Thursday. The post has been shared more than 280 times since Friday.

“We certainly understand that there was going to be a variety of opinions on this, and not everybody’s going to agree with what SGI is doing, but we thought if we could put some information out there, it would help inform the discussion,” said SGI spokesman Tyler McMurchy.

SGI is suing the owners of Industrial Kitchen & Bar and the former operators of Crackers Licensed Cocktail & Dining Room for contributory negligence. The suit alleges the Saskatoon bars did not do enough to stop McKay from driving drunk.

Her blood-alcohol level was three times the legal limit on Jan. 3, 2016 when she killed four members of the Van de Vorst family — parents Jordan and Chanda, and children Kamryn and Miguire. SGI is also suing McKay.

SGI posted five “myths” on Facebook, followed by “facts.” The myths included that an impaired driver is the only person responsible, that bar staff can’t keep track of whether a customer is drunk, and that bars can’t be expected to stop a drunk person from driving.

“What really disappointed me was they kept on saying nobody did anything to try and stop her, when the court testimony said otherwise,” one of the commenters, who preferred not to have his name published, said on Sunday.

“I’m not trying to bury SGI on this. … I didn’t like that they posted they were trying to address misconceptions, but they’re basically creating their own misconceptions by doing so.”

During McKay’s trial last July, the Crown provided evidence that a bartender offered to drive McKay home, and staff cut her off due to drunken behaviour. McMurchy said the criminal proceedings presented “some pretty compelling evidence” that the bars failed to act.

As bar staff, “There’s only so much we can do,” said Danielle Lewis, a manager at Victoria’s Tavern.

She said Regina downtown bar staff communicate through a Facebook group, alerting each other to overly drunk people who have left their establishments after being denied service. At Victoria’s, security people watch the crowd. Servers are trained to not over-serve; they also offer to call patrons a ride service.

George Yannitsos takes similar steps at his bar, Four Seasons.

“We always tell people, ‘Hey look, you are way too intoxicated, let me call you a cab, let me find you a way home,’” said Yannitsos — but it’s not always easy. “You have somebody that’s come in here that’s intoxicated, you haven’t served them, but they’ve stepped on your premises.

“Many instances, we can’t control what’s in the car, we can’t control if they’re drinking at home, we can’t control if they’re doing drugs. Even though we see a lot of customers and try and analyze, you sometimes get customers that don’t have any of the behaviours associated with impairment. It does put us all in a very difficult position.”

While some people commenting on SGI’s Facebook post supported SGI’s standpoint, many felt there was too much blame on the bars.

“Were they giving her free drinks? Did they force her to drink? … Her body, her choice, her responsibility and hers alone!” someone wrote.

“You can’t babysit everyone. You can only do so much,” another person wrote.

A server commented: “I know I’m frustrated. As a server, I can’t take anyone’s keys away or I can be charged with theft. I know I have called numerous people cabs who have got in them, drove away around the block and then come back to get in their car and drive away.

“I know I have called 9-1-1 and reported people. I know the police haven’t come to get a statement. Please tell me, as a server, when does my responsibility end? Just wondering. Please fact and myth this for me.”

Some people suggested stiffer penalties for drunk drivers — like a lifetime suspension for driving while impaired.