Yes, if Jane can prove that Raymond was “visibly intoxicated” when he was served by Red’s Tavern, she can recover from Red’s Tavern. Statement of Facts
Jane Healey has retained our law firm to represent her to recover damages for her injuries. On November first, 2011, Jane was on her way home from work. As Jane approached the intersection of 14th Street and Childs Street the light turned yellow, and the vehicles in front of Jane stopped, causing her to be stuck in the intersection.
Waiting to enter the intersection from Childs Street was a 1985 Trans Am driven by Charles Raymond. Raymond is a mechanic for a transmission shop, Allegretti and Sons. Earlier that afternoon, Raymond volunteered to deliver a transmission because the regular driver could not make the delivery. Allegretti agreed to let Raymond make the delivery, but told Raymond not to stop at Red’s Tavern on the way. Raymond laughed and told Allegretti “don’t worry boss, I’ll save you a beer.”
Raymond left Allegretti and went to Red’s Tavern. Raymond was a “regular” at Red’s Tavern, and he has frequently gotten “obnoxiously and aggressively drunk” at Red’s. In his deposition, Raymond reveals that he arrived at Red’s Tavern at approximately 5:00p.m. (25:4-7). Raymond drank four shots of bourbon and four beers at Red’s in forty-five minutes. As Raymond “staggered” out of Red’s another customer said, “Man is that guy loaded.” Tony Simpson, the bartender and owner of Red’s said, “so what else is new.” Upon leaving Red’s at about 5:45p.m., Raymond states that he directly got into his car and continued his route of delivery (18:9-17).
Raymond had been convicted on two prior occasions of driving while intoxicated. His license had been suspended three times before and was still suspended on that day, as he sat at the corner of 14th and Childs,