Hartline Barger Successfully Obtains Dismissal after Filing Summary Judgment Motion

Harris County, TX, April 13, 2023 — In April of 2023, Brian Rawson, Roy McKay, and Kristina Everhart successfully had all claims dismissed against a nightclub client after filing a summary judgment motion.  The Harris County wrongful death lawsuit arose from a multi-vehicle accident in which two passengers of a vehicle passed away after being hit by a third-party driver.  The decedents’ family alleged that the nightclub was liable under the Texas Dram Shop Act for overserving the third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  The nightclub filed a summary judgment asserting that the third-party driver was not present at the nightclub.  State District Judge Donna Roth continued the summary judgment to allow the plaintiffs an opportunity to depose the nightclub’s corporate representative.  After deposing the corporate representative, the plaintiffs dismissed their claims.