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Morris v. Delaware Violent Crimes Compensation Bd.2/26/2004
vehicle driven by Christopher Allen who was intoxicated. As both men had been drinking and had a blood alcohol content of .24, there is substantial evidence that Lewis knew or had reason to know that the driver would be driving under the influence with all the risks attendant to that condition.
On the facts of this case, the Board did not err as a matter of law in denying compensation. To the contrary, it is settled that compensation may be denied to passengers of intoxicated drivers. In Newman v. Delaware Violent Crimes Compensation Board, [FN9] the Board denied compensation to the claimant because the victim assumed the risk and was contributorily negligent when he participated in a drinking spree and accepted a ride with the intoxicated driver. The denial of compensation was upheld on appeal. [FN10]
FN9. 1993 WL 54447, at *2 (Del.Super.Ct.1993).
FN10. Id.
C. Appellant's Allegations Of Racial Bias Are Unsupported By Fact And Do Not Meet Any of the Requirements For Either A Federal Section 1983 Claim, Nor For Invoking Tort Liability Upon A State Public Officer.
Appellant argues in her Opening and Reply briefs that there was racial bias in determining the outcome of this hearing and request for compensation. No specific allegations have been made either against the Board or any individual. Appellant simply argues that the Board's decision was biased due to the great weight placed on Officer Rhode's testimony and the fact that the driver was white and the victim black. Her claim is without merit.
CONCLUSION
There is substantive evidence to support the Board's decision that the victim, Celester O. Lewis, Jr. contributed to his death by drinking heavily with the driver and then voluntarily entered and remained in the vehicle when he knew or should have known that the driver was intoxicated. Both driver and victim had blood alcohol levels of .24, more than double the limit for driving while intoxicated. There is no evidence of racial bias by the Board. Nor do I find any error of law. Accordingly, the decision of the Board is AFFIRMED.
IT IS SO ORDERED.
Page 1 2 Delaware DUI Attorneys
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