Drysdale ex rel. Drysdale v. Mohegan Tribal Gaming Authority

MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO STRIKE

GUERNSEY, Chief Justice.

This action arises out of the sale of alcoholic beverages to Plaintiffs decedent allegedly while he was in an intoxicated condition, as a result of which Plaintiff claims her decedent suffered fatal injuries. The cause of action arose on July 5, 2001, and is therefore governed by the provisions of MTO 98-1 rather than the more liberal provisions of the current Torts Code, MTO 2001-07. The Defendant’s liability is predicated on four separate grounds: negligent service or sale of alcoholic beverages to one in an…