Indiana Court of Appeals affirms Summary Judgment granted to OMW client in companion wrongful death cases

January 28, 2016

Two friends died in a single car accident after drinking at a private residence, an American Legion post and two taverns. The estate for each deceased man claimed that the other man had been driving while intoxicated. Julie Murzyn and Randall Nye successfully defended the Dram Shop Liability claims filed against the second tavern, Risner’s Oasis,Inc.

Initially, OMW won summary judgement in the trial court by producing affidavits and deposition testimony from bartenders and other patrons that one of the men had not exhibited signs of intoxication. There was evidence that the other man had been intoxicated, but we argued that Risner’s had not served any alcohol to him. Later, the Indiana Court of Appeals agreed with OMW’s position and affirmed summary judgment in favor of our client on both wrongful death claims. For more information please contact Julie Murzyn at (219)-322-0450, or by e-mail to [email protected].