New ‘Kick’ Believed Responsible for Death of Teenager

New ‘Kick’ Believed Responsible for Death

of Teenager

Back in 1966 the rock group Paul Revere and the Raiders were credited with releasing the first anti-drug song. The name of the song was “Kicks” and one of the lines spoke of how “kicks just keep getting harder to find” as well as those kicks not bringing you peace of mind. Thanks to the makers of Four Loko, kicks are much easier to find, but, as the song says, no peace of mind is to be found, and the results of its use, just like illegal drugs, can be devastating.

My knowledge and interest in the drink came about a few weeks ago when I noticed an article from the PRNewswire which told about a wrongful death lawsuit that had been filed by the parents of a 15 year old boy in suburban Washington, D.C. against the Chicago based makers of a beverage called Four Loko. I had never heard of the drink and wondered about how the makers could possibly be liable for a young man’s death.

As it turns out, this is just one of a new type of alcoholic drink that has surfaced that combines alcohol and caffeine in such a manner as to cause those who drink it to be wide awake drunk. The levels of both drugs are well above what you would find in average servings of beer or coffee. The level of alcohol in Four Loko is 12%. A 23 ounce can is equivalent to three to four beers. The drink is marketed in brightly colored cans and comes in various fruit flavors that mask the alcohol content. The product appears to be marketed to inexperienced or underage drinkers. The article described the events that led to the death of Bo Rupp and said in part:

At a news conference today, Karla Rupp, Bo's distraught mother, recalled the events of Sept. 25, 2010. She had driven her son and some friends to a concert about an hour before showtime, "He and several classmates had wanted to 'tailgate' for about three hours before the concert, but I insisted that he cut that back to one hour," she said. "I figured, 'What could happen in an hour?'

"Well, it turns out a lot can happen in an hour," she said. During that time, her son drank the contents of two Four Lokos. When the concert staff noticed Bo's behavior and that he appeared extremely intoxicated, they called his mother to retrieve him.

The drive home was stressful for Bo and his mother as she had never seen him so paranoid and disoriented. When they arrived in their suburban neighborhood, Bo took off on foot. Although both of his parents urged him to come home via text messages, Bo's responses were confusing. "Eventually we lost all contact. Bo made his way on foot onto a busy road, and then he was hit by a car.

"We could hear the ambulance sirens from our home," Mrs. Rupp said. "My husband and I just knew the sirens were for Bo. It was a parent's worst nightmare come true.''

Theories regarding liability center around the dangerous nature of the beverage, the marketing schemes directed to underage and inexperienced drinkers. The product has been on the market since 2005, and, based on the limited research I conducted on the internet, the company had notice of the risk the product creates given the number of incidents that have occurred around the country involving consumption of the drink.   Some states and the federal government have called for a ban on the drink.

The product has been called “blackout in a can” and “liquid cocaine.” Whatever you want to call this new kind of poison, the success of Bo Rupp’s parents with their lawsuit will certainly help to stop or curb the distribution of a product that has the real potential to bring such tragedy to young people and their families.

Bob Jacobson is a personal injury attorney serving the Nampa, Caldwell and Kuna area of Idaho.