Borders v. Board of Trustees, VFW

Borders contends in her brief that the VFW should be liable to her, in part, because “Hawkins was in a state of intoxication which was obvious and noticeable to the VFW Club, and . . . despite this fact the defendant had furnished alcohol to him.” This argument amounts to a claim against the VFW for serving alcohol to an obviously intoxicated person with resulting injury to the plaintiff. Borders raised this claim in the trial court and the trial court ruled the “Dram Shop” Act does not apply to this case. Although Borders does not directly attack that ruling in her enumeration of error, she…