DRAM SHOP CASE LAW UPDATE
Kendrick v. Fish Tale Rests., LLC, 2025 Ga. App. LEXIS 516, *1
Key Legal Holdings
- Where bar employees testified that a patron was not noticeably intoxicated when served, and expert testimony merely suggested the patron’s BAC was ‘probably’ over 0.10 but acknowledged an experienced drinker could mask intoxication at that level, the circumstantial evidence did not contradict the direct evidence and summary judgment for the bar was proper.
- Where there was no evidence that a patron displayed car keys or otherwise indicated she might be driving while at a bar, and the patron was not a regular customer such that the bartender would know her transportation habits, the bar lacked knowledge that she would soon be driving and summary judgment was proper.
Material Facts
- Arnsdorff spent approximately five hours at Fish Tales consuming multiple alcoholic drinks.
- Fish Tales employees testified Arnsdorff was not noticeably intoxicated when served.
- Arnsdorff arrived at Game Time shortly before midnight closing time and was served a margarita.
- After leaving Game Time, Arnsdorff offered to drive Kendrick and Padgett in Dufresne’s truck.
- Arnsdorff crashed the vehicle at approximately 12:53 a.m., killing Kendrick.
- •Blood tests showed Arnsdorff had a BAC of 0.173 after the crash.
Controlling Law
- Georgia’s Dram Shop Act (OCGA § 51-1-40(b)) establishes three elements for liability: 1) knowingly selling alcoholic beverages to a person who is noticeably intoxicated, 2) knowing that person will soon be driving, and 3) the sale is the proximate cause of injury or damage.
Court Rationale
The court held that for Fish Tales, circumstantial evidence from an expert about Arnsdorff’s probable BAC did not contradict direct testimony that she was not noticeably intoxicated. For Game Time, while there was a factual dispute about Arnsdorff’s noticeable intoxication, there was no evidence they knew she would soon be driving, as they had no duty to determine her transportation plans and she did not display car keys or otherwise indicate she would be driving.
Procedural Outcome
The Court of Appeals affirmed the trial court’s grant of summary judgment in favor of both Fish Tales (Case No. A25A0771) and Game Time (Case No. A25A0772).