| Dram Shop Law |
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Jay Cook v. SOO Line Railroad Company d/b/a Canadian Pacific Railway
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¶1 Jay Cook (“Cook”) appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook’s Federal Employers Liability Act (“FELA”) claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway (“Soo Line”), on the basis that an Illinois court’s dismissal for interstate forum non conveniens was a final judgment entitle... More... $0 (12-16-2008 - MT)
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Christopher Cook; Leidra Cook v. AVI Casino Enterprises, Inc., et al.
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Plaintiff Christopher Cook (“Cook”), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver. The driver was an employee of defendant Avi Casino Enterprises, Inc. (“ACE”), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporat... More... $0 (11-14-2008 - NV)
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Roger Scott Moyle v. Y & Y Hyup Shin, Corp. and TTJJKK, Inc. d/b/a DO Re Mi Karaoke
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On February 21, 2008, the plaintiff-appellant-petitioner Roger Scott Moyle, as personal representative of the estate of Richard Todd Moyle (Moyle), deceased, [fn1] filed an application for a writ of certiorari, urging this court to review the published opinion of the Intermediate Court of Appeals (ICA) in Moyle v. Y & Y Hyup Shin Corp., 116 Hawai'i 388, 173 P.3d 535 (App. 2007). Moyle argues that ... More... $0 (09-10-2008 - )
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James Doherty v. Lollipops Gentlemen's Club
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James "Seamus" Doherty, age 37, sued Lollipops Gentlemen's Club on a dram shop theory claiming that defendant unlawfully served alcoholic drinks to a 19-year-old stripper before she ran her car into the motorcycle being driven by Plaintiff who was visiting Daytona Beach during Bike Week 2002. Doctors were forced to amputate Doherty's leg as a result of the injuries he sustained where his Harle... More... $4800000 (12-08-2007 - FL)
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DJ Price, individually and behalf of the Estate of Richard B. Presler v. Buffalo Station
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The Family and Estate of Richard B. Presler sued the Buffalo Station on a Dram Shop violation theory for the wrongful death of Richard, age 20, who was served alcohol despite the fact that he was underage and visibly intoxicated. Presler, of Bozeman, died in a car crash in November 2003 after leaving the club when his pickup truck struck a vehicle driven by Michael Bowen, a 54-year-old Bozeman ... More... $3000000 (10-26-2007 - MT)
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Dan Rogers, individually and as Personal Representative of the Estate of Krystle Rogers, deceased; SHERRI ROGERS, individually and as Personal Representative of the Estate of Krystle Rogers, deceased; JAMES BRAD DOOLEY; TIFFANY HARPER; ANNA CHRISTINE HARPER, v. Anheuser-Busch, Inc., et al.
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On May 4, 2002, Krystle Rogers was killed and her passengers--James Brad Dooley, Tiffany Harper, and Anna Christine Harper--were injured when her vehicle collided with one driven by Randall Albright, III, who was intoxicated. Dan and Sherri Rogers (Krystle's parents and the personal representatives of her estate) and the passengers (collectively, Plaintiffs) filed suit on February 12, 2004, in ... More... $0 (06-30-2007 - OK)
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Jack Sells v. HEJE, Inc. d/b/a Outlaw Saloon
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Jack Sells sued HEJE, Inc. d/b/a Outlaw Saloon
on a Dram Shop theory for the wrongful death of Dwayne Sells who was killed on April 23, 2005. Dwayne Sells died after suffering a head injury while being escorted from the bar. Plaintiff claimed that his son died as a result of a fight and a fall in the saloon.
Defendant claimed that the decedent hit his head the floor when he fell and that... More... $0 (02-16-2007 - WY)
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Hoyt Hilton v. The Get-Away Grill
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Hoyt Hilton sued The Get-Away Grill on a dram shop negligence theory claiming that the restaurant negligently sold alcohol of 18-year-old Jon-Erik Hartfield who was later involved in an accident that severely injury Plaintiff on in July, 2003. Hartfield's blood alcohol level was reportedly three times the legal limit for driving when tested after the accident.
... More... $10000000 (02-13-2007 - WI)
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Robert E. Nunez v. Carrabba's Italian Grill, Inc., et al.
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In this summary judgment action now before us on direct appellate review, we answer the following question left open in Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (1996). What is the legal responsibility of a licensed commercial establishment for injuries sustained by an adult, but underage, patron [FN2] as a consequence of that establishment's furnishing alcoholic beverages to such pat... More... $0 (01-17-2007 - MA)
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Paul Kearney v. Vito's Bar
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Paul Kearney, individually and on behalf of the
estate of Michael Kearney, sued Vito's Bar on a dram shop
negligence theory claiming that the defendant negligently
continued to sell Daniel Corbett alcohol on New Year's Eve
2003 and that as a direct result he became violent and
assaulted and fatally battered Kearney. Kearney, age 22,
suffered a fractured skull and died from a blood c... More... $1 (07-18-2006 - IA)
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Faust v. Moose Lodge #493 of Bellingham, Washington
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Dram shop claims by the Faust family against Bellingham, Washington Moose Lodge #493. The plaintiffs' claimed that they suffered irreparable injuries including paraplegia to a 7-year-old boy. A drunk driver who was a member of the Moose Lodge caused the head-on collision in April 2000. Hawkeye Kinkaid, a member and patron of the Moose Lodge, was killed in the accident. He had been drinking fo... More... $14100000 (11-16-2005 - WA)
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Gary Faust v. Bellingham Moose Lodge No. 493
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Gary Faust sued Bellingham Moose Lodge No. 493 on a Dram Shop claim theory for the injuries and damages that he sustained as a result of an automobile accident involving a patron of the Defendant's bar. Faust was paralyzed from the waist down as a result of spinal cord injuries that he sustained when he was 7-years-old. Plaintiff claimed that lodge bartender served drinks to 57-year-old Hawkey... More... $14000000 (10-26-2005 - WA)
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Hartford Casualty Insurance Company v. Lynne M. Farrish-LeDuc
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The parties have stipulated to the following facts.
‘‘On August 7, 1986, the defendant . . . was involved
in a four-car accident on Interstate 95 in Norwalk . . . .
[The defendant] was the operator of a 1983 Chrysler
New Yorker that was struck from behind by a 1983
Toyota Corolla operated by John Costa . . . . Upon
impact, [the defendant's] vehicle was pushed into the
vehicle in front ... More... $0 (10-03-2005 - CT)
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Pamela Castrop v. The Bricktown Pub, LLC
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Dram Shop suit against tavern where plaintiff's son and a friend attended a birthday party on a Thursday evening. The tavern charged a $7 cover charge and patron's got free domestic beer until midnight. They also served a full bar during that time. The young men, both 21, left around midnight because they had to work the next day. They left in a pick-up belonging to a friend who stayed at the ... More... $1550000 (06-22-2005 - OK)
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Tanya Valdez, individually and on behalf of the Family and Estates of Ruben Guebara Pando Jr. and Felipe Ornelas Jr. v. On the Border Mexican Grill & Cantina
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Tanya Valdez individually and on behalf of the Estates of Ruben Guebara Pando Jr. and Felipe Ornelas Jr. sued On the Border Mexican Grill & Cantina on a dram shop theory for the wrongful deaths of Pando and Ornelas who were killed by a drunk driver on January 9, 2004. The plaintiffs claimed that the restaurant chain sold former elementary school secretary Diane Zamora drank beer and large marg... More... $7500000 (05-25-2005 - TX)
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Essex Insurance Company v. Jaycie, Inc. d/b/a Gold Bar Tavern
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1 Essex Insurance Company (Essex) filed a declaratory action against Jaycie, Inc.
(Jaycie). After serving the complaint and summons on Jaycie and not receiving an answer
within twenty days, Essex had the clerk enter Jaycie's default. Shortly thereafter, Essex
moved the District Court for a default judgment. Before the District Court ruled on Essex's
request for a default judgment, Jaycie ... More... $0 (10-12-2004 - MT)
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Estate of Sheila Vaughn v. Theo's Restaurant
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The family and estate of Sheila Vaughn, age 39, bought a Dram Shop claim against Theo's Restaurant alleging that Theo's employees severed too much alcohol to Anthony and Joseph Murphy on March 29, 2000. The two brothers drove the wrong way down Highway 20, hitting and killing Sheila Vaughn. The plaintiffs alleged that the brothers, who frequently drank at Theo's, were intociated at the time of th... More... $0 (06-11-2004 - IA)
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Theresa Hall v. Torero's Two
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Dram shop claim by Theresa Hall for herself and on behalf of the estate of her husband, Michael Hall, who was killed in December 1997 when their car was, hit head on by a car driven by William Terry, who was drunk. Ms. Hall claimed that Torero's Two restaurant negligently sold Terry alcohol when it was evident that he was drunk and let him leave the restaurant and drive off of the property.... More... $1200000 (03-13-2004 - NC)
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Russell Wentland et al. v. American Equity Insurance Company
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The dispositive issue in this appeal is
whether the defendant insurer had a duty to defend
certain actions brought against its insureds alleging
injuries resulting from the insureds' service of alcohol,
where the insurance policy contained a clause excluding
claims for which the insureds may be liable by
reason of ‘‘causing or contributing to the intoxication
of any person . . . .'' The ... More... $0 (02-16-2004 - CT)
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Estate of Loux v. Hooters of America, Inc. and Ocala Wings LLC
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Dram Shop Wrongful Death claim by the estate of Daniel Loux, a 20-year-old firefighter, who got very drunk at a Hooters in Ocala, Florida. He was asked to leave the restaurant and he wondered onto Interstate 75 where he was hit by a semi.... More... $1000000 (11-11-2003 - FL)
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Estate of Selene Martinez, et al. v. Club Onyz, et al.
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Dram Shop Act wrongful death and injury claims by the estates and passengers in a car hit by an SUV driven by Alejandro Gonzalez, age 29, which ran a red light. Gonzalez had been drinking at the Club Onyz on April 28, 2001. Selene Martinez and Christina Valdez were killing by the collision. Dar-Lynne Avila suffered brain damage and Nayely Lopez suffered a broken leg and other injuries.
Gon... More... $3800000 (10-18-2003 - IL)
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Linda Lindsay and Larry Lindsay v. Cave Creek Outfitters, L.L.C.
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The plaintiffs, Linda and Larry Lindsay, appeal the trial
court's grant of summary judgment in favor of the defendant, Cave
Creek Outfitters, L.L.C. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL HISTORY
2 The Lindsays brought suit against Cave Creek, the
operator of a riding stable, for personal injuries sustained by
Linda when she was thrown from a horse. The Lindsay... More... $0 (10-09-2003 - AZ)
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David and Lisa Markley v. Outback Steakhouse
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Dram Shop Act claim by couple were severely injured in a car-motorcycle accident on Delaware County Road 500-N. Thd Plaintiffs alleged that William J. Whitaker of Albany became intoxicated at a party celebrating the restaurant's grand opening on July 21, 1997. After leaving the opening, his car crossed the center line on County Road 500-N and collided nearly head-on with a motorcycle operated by... More... $39000000 (06-26-2003 - IN)
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The Estates of Andrew Cory Stauble and Jamie Parsley v. Ohio Valley Bistros Inc. d/b/a Lime Kiln Lane
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Wrongful death dram shop claim by the families of Andrew Cory Stauble and Jamie Parsley, both age 16, who were killed when there car was hit by another vehicle traveling at high speed and being driven by a patron of the restaurant who had been serverd alcohol. The accident on July 9, 2002, resulted in the deaths of Mark Eberenz, age 42, and Jamie Parsley and Cory Stauble. The pickup driven by Eb... More... $21000000 (06-20-2003 - KY)
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Reba Dennis vs. Sally Stone, et al.
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This is a boundary dispute. Reba Dennis appeals the trial court's judgment granting title and possession of 12.24 acres to Dennis Mortis and Patricia Mortis. We affirm.
Background
Dennis R. Mortis and Patricia W. Mortis, plaintiffs/appellees, are the record owners of the 12.24 acre area in controversy. Sally Stone Tilton f/k/a Sally Stone is their grantee. In response to plaintiffs'... More... $0 (03-12-2003 - TX)
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