Stewart v. DAIQUIRI AFFAIR, INC.

|2In this writ application, a bar owner challenges the trial court’s grant of a motion in limine, wherein the trial court ordered that La. R.S. 9:2798.4, which bars an operator from recovering damages resulting from a motor vehicle accident if the operator is found to be in excess of twenty-five percent negligent as a result of a blood alcohol concentration beyond the legal limits, could not be applied in an action in which intoxication contributed to the eighteen-year-old plaintiffs accident. For the following reasons, we grant the writ application, reverse the trial court’s ruling granting…