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Motion For Summary Judgment Granted in Dram Shop Claim

Blake Fiery, of the Ft. Lauderdale office, prevailed on a Motion for Summary Judgment in Okeechobee County in a wrongful death, motor vehicle accident, dram shop claim brought against a bar, which employed a 20-year-old bar manager, who was alleged to have supplied alcohol to minors before the crash occurred.

Blake established, through a long procession of depositions, that the bar kept close tabs on its alcohol, in this case, Hennessy (a tweet shortly before the accident announced it was “almost Hen-thirty”). Nobody could pinpoint who supplied the alcohol absent an impermissible level of speculation.

The plaintiff attorney filed opposing affidavits that made it appear quite unlikely the court would even consider granting the motion. Blake, however, essentially side-stepped their affidavits and argued that even if the court were to accept the argument that this 20-year-old stole alcohol from the bar before leaving work that night, it would not qualify as the bar “furnishing” alcohol under the statute.

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