Thomas v. Great Atlantic & Pacific Tea Co.

WIENER, Circuit Judge:

Plaintiff-Appellant Rose M. Thomas (“Thomas”), the mother of five-year-old Erica Renee Thomas who was killed by a drunk driver late one afternoon, brought this “dram shop” action against Defendant-Appellee The Great Atlantic & Pacific Tea Co., Inc. (“Sav-A-Center”), a retail business that sold alcoholic beverages to the visibly intoxicated driver approximately two hours before the tragic accident. The district court granted Sav-A-Center’s motion for summary judgment after concluding that Thomas’s case was infirm on the element of causation. On' appeal, Thomas argues that…