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Monday, January 14, 2013

Courts - Kentucky Court decides dram shop case, holds club not liable

Jim Hannah wrote this story which appears in several Gannett papers. It begins:

A Kentucky Supreme Court opinion that the Fort Mitchell County Club cannot be held liable for serving a golf cart driver alcohol may make it harder to hold establishments liable for their patrons’ actions.

It is the first time the court has ruled this type of claim cannot proceed unless there is affirmative evidence the server knew the patron was intoxicated, said Louisville lawyer Jeremiah A. Byrne, who wrote a legal analysis of the opinion issued on Dec. 20.

The decision is Fort Mitchell Country Club v. LaMarre. Here is Julie Byrne and D. Christopher Robinson's Jan. 2nd article in Lexology. It begins:
The Kentucky Supreme Court issued a significant opinion on December 20, 2012 that will affect restaurants, bars, country clubs, and other establishments that sell and serve alcohol. In Fort Mitchell Country Club v. LaMarre, 2011-SC-000665-DG, the Supreme Court rejected a personal injury claim by a country club patron after he was seriously injured on a golf cart driven by another member of his dinner party.

Posted by Marcia Oddi on January 14, 2013 11:50 AM
Posted to Courts in general