Biaggi v. Patrizio Restaurant Inc.

OPINION

Opinion by

Justice LANG-MIERS.

Patrizio’s filed a motion for rehearing, which we deny. Although we deny the motion, this court’s previous opinion of August 6, 2004, is withdrawn, and the following opinion issued.

This case involves an analysis of causation under the Dram Shop Act. 1 See Tex. Aleo. Bev.Code Ann. § 2.02 (Vernon 1995). Waleska Biaggi sued Patrizio’s restaurant under the Dram Shop Act for injuries she suffered in a one-car accident when she was riding as a passenger in a car driven by Julio Rivera. She also sued Rivera. Biaggi alleged that Patrizio’s continued to serve…