background image
OCEAN CITY ­ Maryland's high-
est court last week ruled restaurants
and bars in the state could not be
held liable for the actions of their
intoxicated patrons once they leave
the establishment in a potential
landmark decision.
The Maryland Court of Appeals
handed down a majority opinion that
absent dram shop liability law in
Maryland, a Montgomery County
tavern could not be held responsible
for the actions of an intoxicated pa-
tron who consumed around 20 alco-
holic beverages in the establish-
ment before leaving in his truck,
barreling down a highway at speeds
approaching 100 mph and crashing
into the rear of a vehicle carrying a
family, killing a 10-year-old girl and
seriously injuring others.
The victim's family filed a civil suit
against the parent company of the
Dogfish Head Ale House in Gaith-
ersburg, alleging the management
and staff knew or should have
known the driver had been over-
served and created a high risk for
the public when he was allowed to
leave after consuming about 20
drinks. The case was originally filed
in Montgomery County Circuit Court
and a judge there originally ruled it
would go to trial. The judge then re-
versed his decision, opining the
Maryland Court of Appeals would be
the proper venue for the weighty
case with broad implications.
The Court of Appeals agreed to
take up the renewed debate for dram
shop liability in Maryland and heard
testimony in the case in March. Last
Thursday, Maryland's highest court
handed down an opinion the Mont-
gomery tavern could not be held re-
sponsible for the actions of the driv-
er, Michael Eaton, who eventually
pleaded guilty to manslaughter and
is currently serving a 10-year sen-
tence.
The victim's family then turned its
attention to the establishment where
Eaton had just left prior to the fatal
collision, seeking compensatory dam-
ages. Forty-two states along with the
District of Columbia have dram shops
on the books that allow bars, restau-
rants and liquor stores to be held ac-
countable for the actions of their pa-
tron, but Maryland is not one of them.
Maryland does not recognize dram
shop liability, which is why the Court
of Appeals ruled last week the Dogfish
Ale House could not be held responsi-
ble for Eaton's actions after he left the
establishment.
"The Court of Appeals held that
Maryland does not recognize a
Court Rules Against `Dram Shop Liability'
Page 8
August 2, 2013
The Dispatch/Maryland Coast Dispatch
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NEWS EDITOR
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