BAC Not Required In Establishing Dram Shop Claim
by
Joseph C. Maya on Apr. 10, 2017
Accident & Injury Accident & Injury Car Accident Criminal DUI-DWI
Summary: Blog post on the the establishment of a Dram Shop claim under Connecticut law.
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In a dram shop action, proof of a particular blood alcohol level was not required to establish that the injuring person was intoxicated either when served by a seller or when the accident occurred. Defendant pub appealed the judgment of the Superior Court of Waterbury upon a jury verdict in favor of plaintiff in an action to recover damages for personal injuries brought under the Dram Shop Act, Conn. Gen. Stat. § 30-102.
The driver became intoxicated and continued to drink at the pub. Shortly after he left the pub and drove away, he became involved in an accident injuring plaintiff. A jury returned a verdict against the pub under the dram shop act. On appeal, the court affirmed the judgment and held that BAC evidence regarding the driver's BAC level was properly admitted in the negligence action, and that although it was not a necessary element of proof, nevertheless it was relevant to a determination of recklessness; that the driver's out-of-court statements made to a police officer should have been excluded as party opponent admissions against the pub, but that the BAC admission was a harmless error; that the evidence supported denial of a directed verdict; and that the trial court properly instructed the jury and was not bound to charge precisely as the pub had requested. Judgment affirmed.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Coble v. Maloney, 34 Conn. App. 655, 643 A.2d 277, 1994 Conn. App. LEXIS 213 (Conn. App. Ct. 1994)
