Montgomery Ex Rel. Montgomery v. Kali Orexi, LLC

OPINION

CHARLES D. SUSANO, JR., J.,

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J„ joined.

In this wrongful death action, Edwina Montgomery (“the Plaintiff’), individually and as the surviving spouse of Thomas M. Montgomery (“the Deceased”), brought suit under the Tennessee Dram Shop Act (“the Dram Shop Act” or “the Act”), Tenn. Code Ann. §§ 57-10-101 and 102 (2002). The Plaintiff also sued for negligence and negligence per se. 1 The Plaintiff sued Kali Orexi, LLC, which operates under the trade name of Gondolier Italian Restaurant and Pizza…