Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Sorensen v. Denny Nash, Inc.
Citations: 249 A.D.2d 745; 671 N.Y.S.2d 559; 1998 N.Y. App. Div. LEXIS 4113
Court: Appellate Division of the Supreme Court of the State of New York; April 16, 1998; New York; State Appellate Court
An appeal was made by defendant Denny Nash, Inc., operator of The Silver Dollar tavern, against a Supreme Court order denying its motion for summary judgment to dismiss a complaint regarding liability for serving alcohol to Charles Slater, who struck three pedestrians after drinking at the tavern. Plaintiff alleges that Denny Nash, Inc. violated the Dram Shop Act by serving Slater while he was visibly intoxicated. The incident occurred on December 5, 1987, after Slater had been drinking at both The Silver Dollar and another establishment, Suzie’s Web. Evidence presented included testimonies from Slater's companions and staff at The Silver Dollar, all attesting that he was sober during his time at the bar. Consequently, the burden shifted to the plaintiff to demonstrate a genuine issue of material fact regarding Slater's intoxication. The plaintiff failed to provide direct evidence of Slater's demeanor while at The Silver Dollar and relied on circumstantial evidence, primarily an affidavit from forensic pathologist Jeffrey Hubbard. However, Hubbard’s opinion was insufficient to establish that Slater was visibly intoxicated at the time he was served, particularly since a high blood alcohol level alone does not infer visible intoxication without more direct evidence. Thus, the court concluded that the evidence did not support a claim of liability against the defendant. Proof of Slater's visible signs of intoxication at 3:15 a.m. after visiting Suzie’s Web does not provide a reliable basis for inferring his condition three hours earlier at the Silver Dollar. Hubbard's affidavit lacks references to expertise in assessing visible signs of intoxication and offers an unsupported opinion that Slater appeared more intoxicated earlier, based solely on the assumption that alcohol levels correspond to visible signs. He posits that Slater's blood alcohol level must have been between 0.17% and 0.33% at the Silver Dollar based on alcohol elimination rates. However, individual differences in alcohol effects and tolerance undermine this claim. Hubbard’s vague references to scientific data and lack of evidence to support the reliability of his conclusions further diminish their credibility. His professional background in forensic pathology does not qualify him to link Slater's blood alcohol content to his signs of intoxication effectively. Thus, his conclusions do not provide sufficient basis for contesting the defendant's motion for summary judgment, leading to the reversal of the order and granting of summary judgment to defendant Denny Nash, Inc., with the dismissal of all claims against it. Slater was later convicted of driving while intoxicated and criminally negligent homicide.