A Judge in Smith County, Texas granted the No-Evidence Motion for Summary Judgment filed by E&B on behalf of its client.

The client was sued by the family and the estate of an individual who died after having been involved in a collision with a patron leaving the client’s establishment. The Plaintiffs alleged a cause of action under the Texas Dram Shop Act, which allows an individual to hold a business liable for damages caused by an intoxicated customer when the business provides the customer with alcohol at a time when he/she was obviously intoxicated to the point where he/she is a danger to himself/herself or others.

E&B partner Will Eggleston argued that the evidence presented by the Plaintiffs was insufficient for a reasonable and fair-minded jury to find in favor of the Plaintiffs on each of the essential elements of the Dram Shop Act. Following the argument of counsel, the Judge ruled in favor of E&B’s client and dismissed all of the Plaintiffs’ claims with prejudice.