Business & Commercial LitigationSenior Counsel Eugene Tagle obtained Summary Judgment in favor of their hospitality client in Dallas County, Texas in a dram shop case.

09/19/2023by Thomas Fee

19On September 18, 2023, Senior Counsel Eugene Tagle obtained Summary Judgment in favor of their hospitality client in Dallas County, Texas in a dram shop case. Plaintiffs alleged that the client’s employees knowingly sold alcoholic beverages to an intoxicated person, who later that evening drove the wrong way down a Dallas highway and caused a fatal collision. On behalf of the client, Mr. Tagle argued that after thorough discovery and depositions, Plaintiffs had no evidence the intoxicated person ever visited Defendant’s establishment that evening. Additionally, evidence proved the hospitality client required its employees to attend a TABC-approved seller training program, the employees that served alcohol the night of the collision had all attended such a program and had active certificates on file, and the client neither directly nor indirectly encouraged its employees to serve alcohol to intoxicated persons. Mr. Tagle successfully argued, that the hospitality client was further protected from liability under Section 106.14 of the Texas Alcoholic Beverage Code, also known as the “Safe Harbor” defense.

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