Michael Lowry (Partner-Las Vegas) was hired by an American restaurant and entertainment business concerning an incident where a customer was served, continued drinking at an unrelated bar and later drove his car. Within two miles, he struck a car stopped at a red light, killing two people in the car.

The decedents’ families filed a wrongful death claim against the restaurant, the bar and the driver. They argued NRS 41.1395, the Nevada statute that specifically places responsibility on the person who drank not the person who served them, is unconstitutional. Michael moved to dismiss the entire complaint, and the Eighth Judicial District Court agreed, stating that NRS 41.1395 is constitutional. The court created a narrow exception, concluding NRS 41.1395 would not protect someone who assisted the driver to his car. Michael then subpoenaed the police investigation, which proved the person who assisted the driver to his car was an employee of the bar, not the restaurant. Michael then moved for summary judgment and the court granted it.