Summary Judgment Obtained by Teri Scotto-Lavino Under the Dram Shop Act
Teri Scotto-Lavino obtained summary judgment for our client, a bar/restaurant, in an action alleging liability pursuant to the Dram Shop Act. In this case, venued in Richmond County Supreme Court, plaintiff was drinking with friends at our client’s establishment. At closing time, on the way to another bar, plaintiff, as a passenger in one car, was involved in a motor vehicle accident. The individual defendant was the driver of the second car.
Plaintiff claimed that the establishment served alcohol to the individually named defendant when she was visibly intoxicated, resulting in the motor vehicle accident. Witness testimony, however, supported the bar/restaurant’s position that the individual defendant was not drinking at the bar/restaurant and never appeared intoxicated. Additionally, Ms. Scotto-Lavino offered evidence, through testimony, that on the date of the accident the individual defendant was training as a bartender at the bar/restaurant and would not be permitted to drink during training. Further, the restaurant did not permit trainees or bar employees to drink at the bar after a shift. As plaintiff failed to establish sale of alcohol to the individual defendant, the Court dismissed the matter.
Categories