Carrier v. Hicks

This is an appeal from a summary judgment in favor of defendants, who operated a tavern. Plaintiff was injured by an automobile driven by a customer of the tavern, Morgan, soon after Morgan left defendants’ establishment. Defendants allegedly had continued to serve Morgan intoxicants after he was visibly intoxicated.

The majority upholds a summary judgment granted to defendants. The summary judgment was granted after the tavern’s insurance company became insolvent. That insolvency occurred before plaintiffs injury case got to the point of trial by jury. The summary judgment was founded on…