Hartline Barger Secures Dismissal for Restaurant Client

Harris County, TX, October 11, 2022 — In October 2022, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully had all claims dismissed against one of their restaurant clients after filing a no-evidence dispositive motion.  The Harris County lawsuit arose from a motor vehicle accident in which a driver hit the plaintiff who was parked on the shoulder of the roadway.  The plaintiff alleged that the restaurant was liable under the Texas Dram Shop Act for overserving the driver when he was obviously intoxicated and a clear danger to himself and others.  The plaintiff claimed as a result of the accident, he suffered from leg, hip, and spinal injuries.  The restaurant filed a summary judgment motion asserting the plaintiff’s claims were barred by the Safe Harbor Act because all employees were certified by the Texas Alcoholic Beverage Commission, and there was no evidence that the driver was obviously intoxicated when he was served by the restaurant.  Rather than respond to the summary judgment motion, the plaintiff dismissed her claims.