A punitive damages claims were allowed to proceed in a Dram Shop Act action in the Montgomery County Court of Common Pleas case of Robertson v. Valley Forge Beef & Ale, Inc., PICS Case No. 16-0225 (C.P. Montg. Co. Jan. 19, 2016 Smith, J.).
This matter arose out of a motor vehicle accident allegedly
caused by a driver who had been allegedly served alcohol while visibly
intoxicated at the Defendant’s bar. The
Defendant driver was later convicted of a DUI and reckless and careless
In their civil action
Complaint, the Plaintiff alleged that each of the Defendants’ conduct was
separately outrageous, willful, intentional, and done with conscious
indifference. The Plaintiff sought punitive
The court applied the well-settled law that punitive damages
could be sought in a case involving a DUI Defendant driver and with respect to
a Dram Shop action against a tavern.
In its overruling of the Defendant’s Preliminary Objections
to the Plaintiff’s Complaint, the court did state that, if discovery confirmed
that the Plaintiff was unable to establish outrageous conduct and/or reckless
indifference, the defense retained the right to proceed on a Motion for Summary
Anyone desiring a copy of any of the above cases may contact the Pennsylvania Law Weekly Instant Case Service at 1-800-276-7427 and provide the PICS Case Number noted and pay a small fee.
Source: "Case Digests," Pennsylvania Law Weekly (March 1, 2016).