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Simmons Invokes Michigan’s Dram Shop Act to Secure Dismissal

October 31, 2019
Jana Simmons (Of Counsel-Michigan) secured dismissal of a case against her client, a Detroit pub, in the Wayne County Circuit Court. A defendant driver, also sued in the lawsuit, drank alcohol at the client's pub and then went to a second bar before driving home when an automobile accident occurred. The defendant driver was above the legal alcohol limit at scene of the accident. The plaintiff argued that his expert toxicologist would opine that the defendant driver must have been visibly intoxicated when served alcohol by her client, and Jana defended the case by arguing that Michigan Supreme Court case precedent requires actual, objective signs of visible intoxication at the time of service (which there were none according to witnesses) and that plaintiff could not "magically manifest" visible intoxication by introducing an expert who was not present at the time in question. The Court agreed and granted summary disposition to Jana's client.

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