PRIMERA ENTERPRISES, INC. v. Autrey

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Primera Enterprises, Inc. d/b/a JB’s Lounge (“JB’s”) appeals from a judgment entered in a bench trial finding that Appellant violated the Dram Shop Act. JB’s raises two issues on appeal. In Issue One, JB’s argues that the trial court erred in failing to find that it had proved its “safe harbor” affirmative defense as a matter of law. In Issue Two, JB’s challenges the legal and factual insufficiency of the evidence which supports its liability under the Dram Shop Act.

On May 5, 2005, Sergio Flores went out for drinks with friends. Mr. Flores began the…