European Stars And Stripes (Newspaper) - December 27, 1986, Darmstadt, Hesse                                Can a liquor maker be held liable for an alcohol related traffic fatality booze and death in Lou by William k. Stevens new York times sometime after Midnight last july 19, Donald Jamar a 54-year-old marketing executive Lor the drown Forman corp., loll a parly Given by that liquor Dill lying concern at the exclusive Jofferson club in Louisville by. And Liea Dod Loward Home in his 1986 Lodge Van a Lew minutes Lator. As he hurtled out of a curve on River Road the Van crashed Inlo a 1976 Orange Volkswagen driven by Don e. Paylon. Paylon. A 01-year-old executive of the general electric copied on the spol. The alcohol level in James blood was found to be twice the Legal limit he has been indicted for murder and Paylon s family has sued not Only James bul also the Jefferson club and Brown Forman Lor damages James suffered multiples lacerations and trac lures in this Sra of heightened concern about alcohol abuse and Drunken driving the events on that night unite in one Stark happening All the major elements that come Inlo play in alcohol related Ira flip deaths the drinking Driver Tho bar mat served 1he liquor and now apparently for Iho first Lime in such a direct Way the liquor maker and it is taking place in a City where hard liquor and the making of in arc As much an institution As Churchill Downs and the Kentucky Derby Brown of Man e Brand names Are Well known Jack Daniels Early times old forester Canadian Mist. Southern Comfort Bolla Soave and . California cooler if the suit Tor unspecified millions by Payton s widow Rosemary is successful it would apparently be the first Lime a major distiller has been held liable for an alcohol related traffic deals according loan Industry spokesman tha suit alleges Hal drown Forman through company policy and advertising has encouraged people to consume alcohol before driving and is therefore responsible for the deals of Payton. Tho suit said lha company encouraged James and others to consume alcoholic beverages in general and Brown Furman products  it also alleges thai James was permitted and encouraged by Brown Forman 10 become drunk and unable properly to operate his motor vehicle " this was Brown Forman driving Down River  contends Donald Cox who is mrs. Paylon s son in Law and her attorney in the Case. Ii was their booze their banquet and their Guy " As Andrew Payton at 2$ years old the youngest of Payton s four children views it Brown Forman knowingly sent drinking Drivers winging out into the suburbs me a Bunch of missiles " later court records would indicate that the Jefferson club billed the party of 17 for 175 mixed drinks six bottles of wine two bottles of liqueur 17 ice Cream and liquor drinks and 17 desserts laced with Southern Comfort thai was the equivalent of 15 Servings of at Ohof per person. The order for the parly had specified thai Only Brown Forman products be served. How much was actually consumed and by whom was Uncertain. Both Brown Forman and the Jefferson club say they had adopted some of Tho formal policies now widely advocated to help prevent drinkers from becoming too intoxicated to drive. On their attorneys advice neither Brown Forman executives nor Jefferson club employees and managers nor anyone who at tended the banquet will comment on any of this or on any aspect of the Case nor Wittl any of the defendant s Al Orneys. Both Brown Forman and the Jefferson club have formally denied the allegations in mrs. Paylon s Legal complaint. The Jefferson club counter charges that Payton " ailed to exercise Ordinary  but its Brief does not elaborate. Laboratory tests showed Payton s blood contained no alcohol. A Louisville grand jury has indicted James for murder an increasingly frequent occurrence in recent years As local prosecutors have been seeking tougher charges and sentences against Drunken and reckless Drivers. If convicted James could be sentenced to prison for 20 years to life. James and his lawyers Are refusing comment on the Case and in the formal reply to the civil suit invoked James constitutional right not to be required to testify against himself across Dixie Highway from the six White columns that Decorato Brown Forman s corporate Headquarters a huge Model of a. Billle of Early times Kentucky straight Bourbon whisky sits atop a Vine covered Brick distillery. Visible Lor blocks it symbolizes the impedance Here of the country s second largest distiller. With 1.400 Louisville employees in a metropolitan area of nearly a million people and a 116-year-history. The company has Long been a pillar of the local Economy and of the Community generally. Most of its products Are either made of Bof led Here or both. The two major exceptions Are Jack Daniel s sour Mash whisky and the California Coaler. Advertising and salesmanship have become More vital to Tho company than Ever Al a Lime when hard liquor is tailing out of favor with Many americans. Sales of Bourbon for instance declined 29 percent from 1979 to 1985 Tor the distilling Industry As a whole. Brown Forman withstood the trend away from distilled or hard spirits. Page 14 the stars and stripes Loward Low alcohol and non alcohol drinks better than the Industry Al Large. Its Bourbon sales increased slightly from 1979 to 1985. Last year its after lax not Mies approached $1 billion. One Factor in that performance was lha corporation s marketing Arm for hard spirits an unincorporated division of spirits Ltd Donald James who is known As a pleasant and Well liked manager was Tho senior vice president and National sales manager for tha subsidiary and All who attended the july banquet worked for it. Once a year of spirits Ltd Calls in new sales representatives Lor an orientation and training seminar. This year s seminar from july 10 to july 18, according to documents tiled in court appeared designed to familiarize the new representatives with products end production and with How to sell liquor More effectively. About iwo hours after an All Day session on Friday july 18, the safes representatives met on the lop floor of the 29-Story citizens Plaza building in a private dining room at the Jefferson club the club Vilh its soil atmosphere and Fox Hunting prints on tha Walls is an eating and drinking establishment with a prominent membership. Brown Forman in its reply to mrs. Pay ton s lawsuit says thai its company policy prohibits employees from driving if their ability is impaired by alcohol. The company contributes funds to a nationwide program of advertising and education aimed at alcohol abuse and Drunken driving carried out by the distilled spirits Council of the United Stales. Ii maintains an alcohol counselling program Lor its employees and according to one former sales representative who left Lor another Opportunity and asked not to be named it has in the past required some Louisville residents attending sales seminars to stay Al downtown hotels rather than Al heir Homes in the interest of Esprit a corps. Bul said Hal former sales representative i do feel that drinking was perhaps encouraged socially with their people because that was their Bollom  the Eherson club part of a Chain operated by the Dallas based quo corp of America is provided by the Chain Wilh a voluminous set of guidelines educational materials and suggested strategies and training programs for what is called pro Active management of alcohol consumption by club guests the manual a copy of which is included in court records goes into Greal detail about How to work a party or a lounge actively monitoring guests consumption and behaviour and dealing with guess who Are drinking Loo much against this background according to lha Lormer sales representative Brown Forman employees who saturday a