Four corporate entities owned by our client, a bar and restaurant, were the subjects of four separate lawsuits regarding serving alcohol at an establishment (Dram Shop Act) arising when a patron got into his car and ran down a crowd of people outside of the establishment. We reviewed the client’s insurance policies and were instrumental in convincing the insurer to defend that entity, which may have held an interest in the premises. After discovery was completed, we moved for summary judgment in all four lawsuits for the remaining three entities. We convinced the court that one entity, while it may have employed some security at the premises, could not be held liable under the Dram Shop Act since the Act only applies to those serving alcohol and the security personnel were not servers of alcohol. We were also successful in convincing the court that the remaining two entities we defended had no relationship to the premises and were improperly named as parties in the lawsuits. As a result, the lawsuits were dismissed against all three of those entities. The only entity that remains a defendant in the lawsuits in the one that we convinced the insurer to defend. The lawsuits are still pending against that remaining entity.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
833-824-5350
[email protected]
