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Wednesday, August 05, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 2 NFP memorandum decisions)

For publication opinions today (1):

In BGC Entertainment, Inc. d/b/a Brad's Gold Club and 3551 Lafayette Road Corp. d/b/a Brad's Gold Club v. Jerry Coleman Buchanan, by His Father and Guardian, Odell Buchanan , a 22-page opinion, Judge Riley writes:

Appellants-Defendants, BGC Entertainment, Inc. d/b/a Brad’s Gold Club and 3551 Lafayette Road Corp. d/b/a Brad’s Gold Club (collectively, BGC), appeal the trial court’s denial of summary judgment in a negligence action brought by Appellee-Plaintiff, Jerry Coleman Buchanan (Buchanan), by his father and guardian, Odell Buchanan. * * *

Although Vowell did not fail any sobriety tests or exhibit any other indicia of visible intoxication, we find that whether it may be inferred from the BAC and the odor of alcohol that BGC had actual knowledge that Vowell was visibly intoxicated at the time she was furnished alcoholic beverages is a matter best left for the trier of fact. Therefore, we affirm the trial court’s denial of summary judgment. * * *

[A]t the time she was last furnished a drink, a question of fact remains regarding the knowledge of intoxication to be imputed to BGC. Therefore, Buchanan’s partial motion for summary judgment was properly denied. * * *

Based on the foregoing, we conclude that the trial court properly denied BGC’s motion for summary judgment under the Dram Shop Act because there is a genuine issue of fact concerning whether BGC furnished alcohol to Vowell with actual knowledge that she was visibly intoxicated. The trial court also properly denied BGC’s summary judgment motion as it pertains to the common law because there is a genuine issue of material fact as to whether BGC breached its duty to supervise Vowell’s conduct during her shift. We further conclude that the trial court appropriately denied Buchanan’s cross-motion for summary judgment because, even assuming the imputed knowledge doctrine applies, the designated evidence establishes that Vowell had no knowledge of her own level of intoxication to be imputed to BGC. Affirmed.

NFP civil decisions today (1):

In the Matter of the Termination of the Parent-Child Relationship of: K.H. (Minor Child), and P.V. (Father) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (1):

Charles S. Tink v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 5, 2015 12:51 PM
Posted to Ind. App.Ct. Decisions