News & Analysis as of

Car Accident Intoxication

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

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Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

Genova Burns LLC on

On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more

Marshall Dennehey

Conviction of DWI Required to Bar a Claim for Negligence

Marshall Dennehey on

Castano v. Augustine, 475 N.J.Super. 71, 291 A.3d 295 - The Superior Court, Appellate Division, held that a motorcyclist was not statutorily barred from bringing a negligence action for damages in the absence of a conviction...more

Marshall Dennehey

A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case

Marshall Dennehey on

Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more

Marshall Dennehey

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

Marshall Dennehey on

Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more

Butler Weihmuller Katz Craig LLP

Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are...

The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more

Seyfarth Shaw LLP

More Trouble For Plan Administrators In Drunk Driving Cases

Seyfarth Shaw LLP on

The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents resulting from drunk driving....more

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