State liquor store, homeowner blamed in N.H. drunk driving death

December 25, 2006

The family of a New Hampshire man killed in a drunken driving crash two years ago is suing the state Liquor Commission and the woman who owns the home where his friends were drinking.

Randy Holmes, 24, was a passenger in a friend’s car when it crashed in September 2004. The driver, Matthew Kincaid, then 20, was charged with negligent homicide.

Holmes’ family accuses the state Liquor Commission of illegally selling alcohol to Kincaid. The suit also names Mildred Dore, 83, whose grandson invited the other young men to her home.

According to court records, someone at the state liquor store in Hooksett sold vodka, rum and brandy to Kincaid, which the men drank at Dore’s home. Late that night, another relative woke up Dore to tell her her grandson was having a loud party, leading to a confrontation in which Dore told the men to leave.

With Kincaid driving, the car hit a telephone pole.

Attorneys for Dore and the state Liquor Commission are fighting the lawsuit. They disagree that Dore should be held responsible for the crash. Dore’s lawyer argues that a 24-year-old in the group actually bought the alcohol legally and that since Dore did not invite the men to her home, she had no obligation to protect them.

Topics Personal Auto Homeowners New Hampshire

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