Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

Plaintiff driver filed suit against defendants, a hotel and the liquor license permittee of the hotel, after her car was struck by an intoxicated person who had been served alcohol at the hotel's restaurant. The driver alleged a claim under the Connecticut Dram Shop Act, Conn. Gen. Stat. § 30-102, gross negligence, and recklessness.

The driver alleged that, while the patron was at the hotel's restaurant, she was served alcohol while she was intoxicated. Defendants denied that the patron was at the restaurant on the day in question. The court found that, in light of the patron's detailed testimony that she had lunch at the restaurant just before the accident and was served two Manhattan cocktails, which countered the more vague evidence presented by the hotel, there were issues of credibility of testimony that had to be resolved by the jury. With respect to the claim under the Act, issues of fact existed as to whether the patron was visibly intoxicated at the time she was served the second cocktail at the hotel as the patron testified that she had consumed a bottle of wine prior to driving to the hotel and that she was foggy while she was speaking to the waitress and the police officer who responded to the scene of the accident testified as to the patron's very visible signs of intoxication. Finally, the permittee could not be held personally liable under the Act as the driver did not allege facts consistent with a common law theory of vicarious liability.

The court denied the motion for summary judgment on the claim under the Act and on the recklessness cause of action insofar as asserted against the hotel. The court dismissed the counts alleging gross negligence, and granted the motion for summary judgment as to the recklessness of the permittee.

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.

Source: Geib v. Sheraton Stamford Hotel, 2008 Conn. Super. LEXIS 3138, 2008 WL 5481146 (Conn. Super. Ct. Nov. 18, 2008)