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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

    2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

    3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

    4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

    5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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