Estate of Kelly v. Falin

Cary Kelly died in a one-car accident after leaving Family Tavern. His estate brought a wrongful death action against Family Tavern and its owner, James Falin, alleging the tavern continued to serve Cary Kelly even after he was obviously intoxicated. At the close of trial, the jury returned a special verdict finding Kelly 50 percent responsible for his injuries and Family Tavern 50 percent responsible. The court entered a judgment in favor of Kelly’s estate for $360,500. Family Tavern appealed to the Court of Appeals, and we granted Plaintiff’s motion to transfer the appeal to this court. In…