In a Georgia Supreme Court decision that was just handed down on July 5,
2011, the Court expanded the reach of dram shop claims for victims who
have been hurt by
drunk drivers. The case is
Flores et. al v. EXPREZIT! Stores 98 Georgia, LLC, et. al. S10G1652. This case stemmed from a Georgia auto accident where a drunk
driver crossed the center line and caused
personal injury to occupants of another vehicle.
Apparently the drunk driver had purchased beer at a convenience store and
the victims brought suit against the convenience store for selling the
driver alcohol when he was "noticeably" intoxicated and knowing
that such person will soon be driving a motor vehicle.
The trial court and the Court of Appeals held that the dram shop law did
not apply to convenience stores and applied only to establishments where
alcoholic beverages were intended for consumption of the premises. The
Georgia Supreme Court disagreed with the lower courts' interpretation
of Georgia's dram shop act and reversed this decision.
This means that the dram shop act applies not only to places where alcohol
will be consumed on the premises, but also those places that sell alcohol
to a "noticeably" intoxicated person knowing that such person
will soon be driving a motor vehicle, even if the alcohol is not consumed
on the premises.
Henningsen Injury Attorneys, P.C., we believe this is the right decision and the intended interpretation
of the dram shop act as enacted by the Georgia Legislature. We
have represented numerous victims of DUI drivers and are prepared to make
a claim against any drunk driver who causes injury.
If you or anyone you know has been the victim of a drunk driver, do not
contact an experienced Atlanta personal injury
today. We have experience in all
types of auto accident claims and are available 24/7 to answer any questions you may have.