 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Delta Airlines6/16/2005
alcohol. While it is true that an airline may not know whether a passenger is going to be operating a car soon, the same can be said for most other providers of alcohol in large settings. Whether the provider of alcohol had knowledge that the customer would soon be operating a vehicle, as opposed to calling a taxi, taking public transportation, or riding home with a friend has previously been question of fact, rather than decisive of whether a motion to dismiss for failure to state a claim should be granted.
Under the majority's interpretation, the only cases under the Act that will survive a motion to dismiss are ones brought against the homeowner who hosts a small dinner party, greets his guests at the door, mixes the martinis himself, and when the party is over, stands at the door, and waves good-bye to his departing guests. It may seem unlikely that the plaintiff in this case could ultimately meet his burden of proof to establish liability, but that is not the standard for deciding a motion to dismiss. As the plain language of the statute does not support the majority's result, I dissent.
Page 1 2 3 4 5 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|