Practice point: Summary judgment was denied where
plaintiff alleged that he was injured when he was struck in the face by a
visibly intoxicated patron of the tavern on the sidewalk outside the premises.
The record presented triable issues as to whether there was a reasonable or
practical connection between the sale of alcohol to a visibly intoxicated
patron and the resulting injuries.
Student note: Although the tavern's bartender stated that the patron did not
appear to be visibly intoxicated, plaintiff testified to the contrary, and two
other witnesses submitted affidavits stating that prior to the assault the
patron had been served alcohol by the tavern while visibly intoxicated, inasmuch
as he was unsteady, aggressive and boisterous. The record also raised issues as
to whether appropriate security measures were taken after the bartender
allegedly defused an initial confrontation between the patron and plaintiff's
group while inside the bar.
Case: Carver v. P.J. Carney’s, NY Slip Op 00805 (1st Dept.
2013).
Here is the decision.
Tomorrow’s issue: Deposing a participant in the witness protection program.
