July 2015 – Marsh Obtains Dismissal of Dram Shop Action

John Marsh recently obtained the dismissal of a Dram Shop action in Russell County. The plaintiff sued the driver of the motor vehicle that collided with him as well as the local establishment where the driver had been before the accident. The plaintiff alleged that the establishment had served or otherwise provided alcohol to the driver contrary to law, at a time when he was visibly intoxicated.

Following discovery and depositions, Marsh moved for summary judgment on the grounds that the defendant driver was not visibly intoxicated while at the establishment. The undisputed testimony of several patrons confirmed that the driver displayed no visible signs of intoxication on the evening of the accident. Following the filing of the motion for summary judgment, the plaintiff voluntarily dismissed the case against the business and all causes of action were dismissed by the Court.