State of Indiana

09/27/2023 | Press release | Distributed by Public on 09/26/2023 22:12

[SUPREME] WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC d/b/a El Cantarito v. Christopher Adair, Eric A. Adair, Leah Niebauer, as Special Representative of the Estate of Nathan[...]

Eric Adair drank alcohol at both Wings, Etc., and El Cantarito restaurants before driving across the center line, colliding with Nathan Blount, and causing his death. Blount's estate sued the restaurants and Adair, alleging the restaurants violated statutory and common law dram shop duties. The restaurants moved to dismiss the common law claim, and the LaPorte Superior Court denied the motion. On interlocutory appeal, the Court of Appeals affirmed, holding there is nothing in the Civil Dram Shop Act suggesting the General Assembly intended to preclude common law liability for those furnishing alcohol and the Estate sufficiently alleged the common law cause of action. WEOC, Inc., et al. v. Niebauer, 206 N.E.3d 411 (Ind. Ct. App. 2023). The Indiana Supreme Court has granted the restaurants' petition to transfer and assumed jurisdiction over the case.

This oral argument will be held at Trine University, T. Furth Center for Performing Arts, 500 W. Maumee Street, Angola, Indiana.