Question

Crowley, who became intoxicated at a postrace party on McRoberts’s boat, was driving after the party and caused a multicar accident that resulted in serious injuries to Culver, who was driving one of the other vehicles. Culver’s passenger was killed, and Crowley was later convicted of reckless homicide. Culver sued McRoberts for negligence. Crowley’s drinking took place in the galley of McRoberts’s 40-foot boat. McRoberts did not provide the liquor and McRoberts, who was busy with recording race results, was not aware of how much drinking Crowley had done. The Indiana Dram Shop statute provided that “it is unlawful for a person to sell, barter, deliver, or give away an alcoholic beverage to another person who is in a state of intoxication if the person knows that the other person is intoxicated.” Expert testimony and a blood alcohol reading suggested that Crowley may have been visibly drunk, but several witnesses on the boat said they did not observe visible signs of intoxication. Did McRoberts violate the Indiana Dram Shop law, and was McRoberts negligent in failing to properly supervise Crowley? Explain.


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  • CreatedOctober 02, 2015
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