Berg v. Zummo

| TARMSTRONG, Judge.

This is a personal injury action arising from an altercation and a related truck-pedestrian collision near a bar. Several defendants were sued. The bar was sued by the plaintiff because it sold alcohol to a minor, who was involved in the altercation and the collision. The jury found the bar liable for a portion of the actual and punitive damages. The bar appeals as to liability. Because the record is totally devoid of evidence that the bar committed any affirmative act to increase the peril posed by the minor’s intoxication (assuming he was intoxicated), we must reverse…