DRAM SHOP CASE:

BARRY MASSEY  Associated Press
June 28, 2011 - 4:33 pm

SANTA FE, N.M. — The family of two siblings killed in a car accident can seek damages against a tribal casino for serving them alcohol after they became intoxicated, the state's highest court has ruled. Santa Ana Pueblo's casino had argued that the legal dispute should be handled in tribal court rather than in a state court. The state Supreme Court disagreed in a ruling on Monday.The unanimous decision permits a wrongful death lawsuit to move ahead against the Santa Ana Star Casino near Bernalillo.The case was brought by the mother and other family of Michael and Desiree Mendoza, a brother and sister who were killed in a car crash in July 2006 after attending a wedding reception at the casino. It's unclear which of the two were driving the car. The lawsuit claims their deaths were caused because the casino continued to serve them alcohol after they were intoxicated. A pueblo liquor ordinance prohibited the casino from serving alcoholic drinks to an intoxicated person.

David Plotsky, an Albuquerque lawyer for the Mendozas' mother and Desiree's two children, said Tuesday the ruling means "the tribal casinos are subject to the same set of laws and accountability as a nontribal bar or tavern." "I think it's fairly important because there is a lot of patronage of the casinos and whenever alcohol is involved there needs to be clarification that the state liquor liability laws are going to apply to activities on tribal casino property. That wasn't clear until now," said Plotsky.

New Mexico has a so-called "dram shop" law that permits intoxicated patrons to sue state-licensed bars to recover damages for their injuries. A state statute also allows claims by third parties — such as a motorist injured by a drunken driver — against a bar that served the intoxicated person. However, the casino is licensed by the pueblo — not the state — to sell alcohol. The casino contended a state court lacked jurisdiction over it. The justices said the damage claims against the casino were allowed under legal precedents in case law. The court also said a provision in a gambling compact between the state and the tribe provides for state courts to handle cases involving injuries to casino visitors.

The case goes back to a state district court in Albuquerque, which had dismissed the lawsuit. Richard Hughes, a lawyer for Santa Ana's casino, said his client was reviewing the decision and considering its legal options. He said the ruling "by no means determines the outcome of the case" and whether the casino will be held liable for damages.

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Defense Attorneys win dram shop case because their client had proper safe guards in place and a good system of care for alcohol service. This verdict specifically exemplifies the need for good alcohol servicng policies and procedures. If they DID'T have this in place, then they most likely would have suffered $5,000,000.00 in damages (see red below).

DRAM SHOP NON-AWARD:

Hartline Dacus Attorneys Win Defense Verdict for Adult Entertainment Company

This jury trial ended in victory for the Defendant after attorneys of the firm successfully defended a publicly traded adult entertainment establishment in a case involving an automobile-pedestrian accident that resulted in the death of a 43 year-old man.

Dallas, TX (PRWEB) June 30, 2011

Hartline Dacus Barger Dreyer LLP today announced a jury trial victory after attorneys Darrell Barger, Brian Rawson and Stephanie Roark successfully defended their client in a two week Dram Shop liability trial in Harris County, Texas. The client is a publicly traded adult entertainment establishment with nightclubs in major markets across the U.S. According to court documents, the case involved an automobile-pedestrian accident that resulted in the death of a 43 year-old man in 2007. The driver of the vehicle was an adult entertainer, who was driving home from work at the defendant’s nightclub when the accident occurred. She had a blood-alcohol level almost four times the legal limit, and eventually pled guilty to felony intoxication manslaughter. Relatives of the victim filed suit against the nightclub, alleging the defendant was negligent in continuing to serve alcohol to an obviously intoxicated person, and then allowing her to drive home from the defendant’s establishment.

“While we certainly feel a great deal of sympathy for the family of the victim in this tragic accident, we were confident that our client had not been negligent in this situation. We knew we needed to mount a strong defense to prove that the company played no part in the criminal actions of this independent contractor,” said Darrell Barger, a partner in the Corpus Christi office of Hartline Dacus Barger Dreyer LLP.  The jury heard testimony from a variety of expert witnesses and was presented with a reconstruction of the accident. The plaintiff’s counsel claimed the victim experienced unimaginable conscious pain and suffering when he was struck by the entertainer’s vehicle and asked the jury to award $5 million plus punitive damages to the family of the victim.

Defense counsel argued that their client had safeguards in place to prevent serving alcohol to someone obviously intoxicated, as well as to prevent their patrons from driving under the influence of alcohol. The defense also brought in expert witness to establish that alcohol played no role in the accident. After hearing testimony from both sides, the Harris County jury of seven men and five women deliberated and returned a verdict for the defense on June 15, 2011.

SOURCE: Hartline Dacus Barger Dreyer LLP

Cause Number: 2009-07180
Court: 334th Judicial District Court, Harris County, Texas

Michael Zenner - CEO      
Eye Spy Spotter Services Inc.
eyespyspotter.com
bartheft.com  (blog)
Hospitality Checkpoint PLLC
PI Lic. 1597616
hospitalitycheckpoint.com
liquorassessment.com
PO BOX 995 Gilbert AZ 85299
Office: 480-777-7056
Toll Free: 800-880-0811

© Eye Spy Spotter Services Inc. 2010