Dram Shop

Ontiveros v. Borak: Reversed statutory law in Arizona, holding that tavern owner and other licensed sellers would be under duty of care and could be held liable when they sold liquor to intoxicated patrons; where the owner knew or should have known that it would be creating a dangerous condition.

This firm brought this cause of action against Max’s Terminal Buffet based on the claim that the owner’s negligence in serving liquor to an already intoxicated person had been the cause of the accident.
Reported Decision: 136 Ariz. 500, 667 P.2d 200 (1983)
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A Scottsdale Police Officer was run over by an individual who was “over served” at various bars. Despite drinking a large quantity at home, this firm was able to receive a large confidential settlement.