McMurtry v. Weatherford Hotel, Inc.

OPINION

BROWN, Judge.

¶ 1 Patrick McMurtry, as personal representative of the estate of Toni Lucario and on behalf of her surviving children, appeals the trial court’s orders granting summary judgment in favor of the Weatherford Hotel, Inc., (“Hotel”) on his claims for premises and dram shop liability arising out of Lucario’s death. McMurtry also challenges the court’s evidentiary rulings regarding an expert witness and Lucario’s prior alcohol use, as well as the court’s denial of an adverse inference instruction based on lost evidence. For the following reasons, we vacate the court’s orders…