McCauliff v. O'Sullivan

This is a “dram shop” action, subject to the provisions of G.L.c. 231, §60J, in which the plaintiff alleges that due to the excessive service of intoxicating liquor to the defendant O’Sullivan by employees of McBain, d/b/a [“Captain’s”], he was assaulted and battered by O’Sullivan due to his intoxication.

The defendant is seeking to strike the plaintiffs affidavit,1 filed under the said statute, on the ground that it does not contain sufficient facts to raise a legitimate question of liability, but merely repeats the conclusory statements of the plaintiffs complaint.

The statute in question,…