Gagne claimed that, during the roughly four hours he was at the bar, he drank four drinks of rum and coke, that he was served a fifth drink, and that he had consumed a portion of that fifth drink before his departure. Gagne had not consumed any alcoholic beverages that evening prior to his arrival at the defendant's tavern. ![]() and remaining there until sometime after midnight. On the evening of March 25, 1994, Steven Gagne was a patron at the defendant's establishment, arriving at approximately 8 P.m. ![]() Viewed in the light most favorable to the plaintiff, and drawing all permissible inferences in his favor, the record on summary judgment demonstrates that the defendant LMR, Inc., operated a tavern known as Breaker's Billiards & Brews. We now vacate the summary judgment and remand the matter to the Superior Court for trial.ġ. The plaintiff appealed and we granted his application for direct appellate review. The plaintiff, Robert Douillard, appeals from the allowance of the defendant's motion for summary judgment, in which a judge in the Superior Court held that the plaintiff's evidence of negligent service of alcohol was insufficient to raiseĪ genuine issue of material fact. Coyne, for Massachusetts Restaurant Association, amicus curiae, submitted a brief The Supreme Judicial Court granted an application for direct appellate review. Josephson, J., on a motion for summary judgment. IRELAND, J., dissenting, with whom SPINA, J., joined.ĬIVIL ACTION commenced in the Superior Court Department on February 3, 1997. ![]() In a claim against a tavern keeper for negligent service of alcohol to an intoxicated person (who had injured the plaintiff in a motor vehicle accident), the plaintiff's submission of an affidavit from an expert witness setting forth a calculation of the allegedly intoxicated person's blood alcohol level at the time he was served his last drink and an opinion that the person was then exhibiting obvious signs of intoxication, along with the person's statements in his deposition regarding his particular and usual response to alcohol, were sufficient to carry the plaintiff's burden on the defendant's motion for summary judgment. Statement of the plaintiff's burden of proof on a claim for a tavern keeper's negligent service of alcohol to an intoxicated patron. 162 SeptemJanuHampden County Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ
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