Claims Against Bar/Restaurant Dismissed in Dram Shop Action

The plaintiff spent the afternoon at our client’s restaurant/bar before driving ten minutes to his local Country Club to continue celebrating his birthday. Ninety minutes after he arrived at the Club, he fell down the stairs and suffered a severe brain injury. His Blood Alcohol Content was roughly three times the legal limit. The plaintiff had previously worked as a high-end custom wood finisher but is now unable to see color, among having other deficits, and he is alleged to be fully disabled.  After more than 20 depositions, and despite varying reports as to what the plaintiff had to drink at our client’s establishment, we were able to argue that he showed no signs of visible intoxication prior to the last service of alcohol by our client. Our motion was strenuously opposed by the Country Club, who argued there was testimony that the plaintiff appeared intoxicated upon his arrival at the Club. The court agreed with our argument that this was insufficient evidence for a jury to find that our client served alcohol to a visibly intoxicated plaintiff, and, as such, all claims against our client were dismissed and summary judgment was granted.