Wow, Brent Begin Reports on Nils Linke’s Killer: Kokkari Boozing, Bike Moving, Seat Switching

Wow, writer Brent Begin is all over the case of Nils Linke, who was  killed in a collision with the Mercedes-driving Joshua Calder last Friday. Here are the latest allegations made public.

First the “booze-soaked dinner” at Kokkari:

“Investigators pulled the receipt for the meal, which included two bottles of wine, shots of liquor and after-dinner drinks, according to documents.”

And then the alleged seat switching:

“Witnesses report seeing Calder smash into the back of Linke and his bicycle, then getting out of the driver’s seat, moving the bike to the side of the road, then switching seats with his girlfriend before fleeing the scene.”

Click to expand

Was the SFPD able to pull prints off of the bicycle? If so, this is not your typical hit-and-run felony case, that’s for sure.

Wonder how up-to-speed the staff at Kokkari is about California law. We may soon find out….

CA Business and Professions Code 25602:

(a) Every person who sells, furnishes, gives, or causes to
be sold, furnished, or given away, any alcoholic beverage to any
habitual or common drunkard or to any obviously intoxicated person is
guilty of a misdemeanor.
   (b) No person who sells, furnishes, gives, or causes to be sold,
furnished, or given away, any alcoholic beverage pursuant to
subdivision (a) of this section shall be civilly liable to any
injured person or the estate of such person for injuries inflicted on
that person as a result of intoxication by the consumer of such
alcoholic beverage.
   (c) The Legislature hereby declares that this section shall be
interpreted so that the holdings in cases such as Vesely v. Sager (5
Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter
v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior
judicial interpretation finding the consumption of alcoholic
beverages rather than the serving of alcoholic beverages as the
proximate cause of injuries inflicted upon another by an intoxicated
person.

CA Business and Professions Code 25602.1:

Notwithstanding subdivision (b) of Section 25602, a cause
of action may be brought by or on behalf of any person who has
suffered injury or death against any person licensed, or required to
be licensed, pursuant to Section 23300, or any person authorized by
the federal government to sell alcoholic beverages on a military base
or other federal enclave, who sells, furnishes, gives or causes to
be sold, furnished or given away any alcoholic beverage, and any
other person who sells, or causes to be sold, any alcoholic beverage,
to any obviously intoxicated minor where the furnishing, sale or
giving of that beverage to the minor is the proximate cause of the
personal injury or death sustained by that person.

CA Civil Code 1714:

(a) Everyone is responsible, not only for the result of his
or her willful acts, but also for an injury occasioned to another by
his or her want of ordinary care or skill in the management of his or
her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or
herself. The design, distribution, or marketing of firearms and
ammunition is not exempt from the duty to use ordinary care and skill
that is required by this section. The extent of liability in these
cases is defined by the Title on Compensatory Relief.

(b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.

(c) No social host who furnishes alcoholic beverages to any person
may be held legally accountable for damages suffered by that person,
or for injury to the person or property of, or death of, any third
person, resulting from the consumption of those beverages.

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