Tuesday, September 23, 2014

Recent Dram Shop Cases of Note

Jenkins v. Krivosh, PICS Case No. 14-1224 (C.P. Lawrence Co. July 16, 2014 Cox, J.)

Plaintiff's failed to present sufficient evidence to create question of fact to proceed to jury on issue of whether employees served alcohol to a visibly intoxicated person.  Motion for Summary Judgment by Defendant granted.

Source: "Most Wanted Opinions" in "Digest of Recent Opinions" in Pennsylvania Law Weekly (Sept. 2, 2014).  Call Instant Case Service at Pennsylvania Law Weekly at 1-800-276-7427 and pay a small fee to secure a copy.

Faust v. J.P. MacGrady's, 58 Northampton 331 (Nov. 19, 2013)

Defendant's preliminary objections to Plaintiff's punitive damages count in a dram shop case denied where Plaintiff alleged sufficient facts in support of claim of outrageous conduct by tavern where Plaintiff asserted that the tavern disregarded known risk of serving visibly intoxicated person while knowing that the patron would be driving home.  Case involved a subsequent fatal car accident.

Source: "Court Summaries" by Timothy L. Clawges, Pennsylvania Bar News (Sept. 1, 2014).  Call1-800-932-0311 ext.2880 to request a copy for a small fee.

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