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COA: Man’s intoxication doesn’t prevent recovery

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The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.

Michael Gray sued Sandstone Bar & Grill for negligence after he drove his motorcycle and injured himself after he spent the day drinking at the bar. It’s unknown exactly how much Gray had to drink because he had bought drinks for friends and others had bought him drinks while he was at the bar.

He believed the bar was liable under the Dram Shop Act; Sandstone filed for summary judgment because it claimed its actions weren’t the proximate cause of Gray’s injuries and that he was voluntary intoxicated. It also claimed to not have actual knowledge of Gray’s intoxication.

The trial court found that genuine issues of material fact existed as to whether Sandstone had actual knowledge and whether its actions were the proximate cause of Gray’s injuries, but held that Gray’s voluntary intoxication prevented any recovery, citing public policy concerns addressed in Bailey v. State Farm Mutual Automobile Insurance Co., 881 N.E.2d 996 (Ind. Ct. App. 2008).

The Court of Appeals first examined the Dram Shop Act and held that Indiana Code Section 7.1-5-10-15.5(c) clearly spells out that under the statute, the person who is injured is the same as the person who is voluntarily intoxicated.

“(A)n adult consumer who is voluntarily intoxicated may assert a claim of damages for personal injury against the provider who furnished an alcoholic beverage that contributed to the consumer’s voluntary intoxication if: (1) the provider had actual knowledge that the consumer was visibly intoxicated at the time the beverage was furnished, and (2) if the consumer’s intoxication was a proximate cause of the injury or damage alleged,” wrote Judge Paul Mathias in Michael Gray v. D & G, Inc., d/b/a The Sandstone, No. 29A04-1002-CT-113.

Bailey only addressed the common-law tort of negligent entrustment, not the interpretation of the Dram Shop Act, noted Judge Mathias. The act clearly allows for recovery by someone who is voluntarily intoxicated, as long as the provider of the alcohol had actual knowledge that the person was visibly intoxicated at the time they provided the drink and the person’s intoxication was the proximate cause of the injury.

The trial court judge had concerns regarding public policy that might allow an intoxicated person to recover for injuries that were caused by his own voluntary intoxication, but the General Assembly has made the decision that even those who are voluntarily drunk may, under certain circumstances, assert a claim for damages against the person who served them. To hold otherwise would effectively render subsection (c) of the Dram Shop Act a nullity, wrote Judge Mathias.

The appellate court remanded for further proceedings.

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  • shill???
    Delayed movement like hitting a three year old post to change the discussion from the House or Senate investigating why adjudicated shyster and felon William Conour, Esq., had a license while small potato non felons Dixon, Wemhoff, Rocchio, Ogden, Derek Farmer and me, among others, were thoroughly investigated by the DC and while the DC could not even find the time to file annual reports on how it was prioritizing its investigations? Who is watching the watchers?
  • Legal
    I think bars should be held responsible for over serving patrons, its a responsibility of the owner to properly train servers to know when a customer is intoxicated, Im sure when you get a license to bartend your taught what signs to look for when a person has become intoxicated slurred speech, loud talking and delayed movement.

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    1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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    4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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