E+B Secures Summary Judgment in Favor of Client in Dram Shop Action

On April 17, 2023, a judge in Smith County, Texas granted a Traditional Motion for Summary Judgment, in part, and No-Evidence Motion for Summary Judgment, in part, dismissing all claims against Eggleston & Briscoe’s client with prejudice. The client had been sued by the family of a driver who died after having been involved in a collision with a patron leaving the client’s establishment. The Trained Server Safe Harbor Defense is a provision in the Texas Alcohol and Beverage Code which, if the elements of the provision are properly pled and proven, shields an establishment from liability for the actions of a patron after he or she leaves an establishment.

Following discovery and arguments from both parties, Eggleston & Briscoe partner Will Eggleston was able to successfully assert a summary judgment motion establishing all elements of the Trained Server Safe Harbor Affirmative Defense, thus absolving the client from any liability for the actions of the patron and dismissing all claims against the client with prejudice.