James M. Weck, Jeffrey M. Erney and Ilene Korey Obtain Dismissal in Dram Shop Action Involving Alleged Overservice of Intoxicated Driver
Clausen Miller attorneys James M. Weck, Jeffrey M. Erney and Ilene Korey secured a dismissal on behalf of their restaurant and bar client, located in West Lafayette, Indiana. The Plaintiff alleged that he sustained permanent injuries as a passenger in a vehicle driven by an intoxicated individual after leaving the client’s establishment. Plaintiff claimed that the establishment violated Indiana’s Dram Shop Act by knowingly overserving him prior to the crash.
We moved to dismiss the complaint, arguing that Plaintiff had failed to properly serve the bar in accordance with Indiana Trial Rules 4.1 and 4.6, and had also failed to prosecute the action for an extended period of time. The Plaintiff’s opposition brief was untimely under local rules and failed to establish proper service or good cause for the extended delay.
The Court agreed, striking Plaintiff’s response as untimely and finding that Plaintiff’s attempted service was legally insufficient under Indiana law. The Court further held that even if it considered the late-filed response, dismissal was still appropriate due to defective service and the case was dismissed as to our client.
James M. Weck
Jeffrey M. Erney
Ilene M. Korey