Facts: a patron at our client’s bar left the premises after drinking beer and playing pool for several hours in the afternoon with a friend and was killed while riding his motorcycle shortly after departing. The Coroner confirmed the decedent’s BAC was 0.257, however, eyewitness testimony secured by our Scranton team confirmed the decedent did not exhibit signs of visible intoxication at our client’s bar. Video surveillance from outside and inside the establishment corroborated the eyewitness testimony.
Dan Stofko presented a Motion for Summary Judgement relying upon the evidence secured and with emphasis upon caselaw which supports the proposition that a plaintiff in a dram shop action cannot make their case on an expert toxicologist’s “relation back” testimony, alone. The plaintiff’s estate voluntarily discontinued their action shortly before oral argument was to take place and the matter is closed.