Knapp v. Holiday Inns, Inc.

OPINION

KOCH, Judge.

This is a wrongful death action predicated upon a common law dram shop cause of action similar to that recognized in Brookins v. The Round Table, Inc., 624 S.W.2d 547 (Tenn.1981) and Mitchell v. Ketner, 54 Tenn.App. 656, 393 S.W.2d 755 (1964). It was concluded prior to trial when the trial court granted a summary judgment for the defendant owner of the cocktail lounge where the person causing the fatal accident had been served alcoholic beverages immediately prior to the accident.

This case presents a unique situation in which the party seeking a summary judgment contends…