Dismissal with Prejudice - Dram Shop Act/Voluntary Undertaking December 2016
Kimberlee Massin and Carrie Linden
Kimberlee Massin and Carrie Linden obtained a dismissal with prejudice for a tavern where a decedent’s estate alleged a voluntary undertaking by the tavern claiming the bartender gave the alleged intoxicated person (AIP) a glass of water, took and returned the AIP’s car keys and walked the AIP to his vehicle. BVH filed a motion to dismiss Plaintiff’s Complaint based on the Dram Shop Act being the sole and exclusive remedy for alcohol related injuries and the defendant’s alleged actions did not constitute an affirmative act sufficient to give rise to a voluntary undertaking. The trial court granted BVH’s Motion to Dismiss with prejudice.