Dram shop litigation against an establishment that serves alcohol may proceed, even without direct evidence that it served an intoxicated patron, a Lawrence County judge has ruled.
Relying on circumstantial evidence — witness and expert testimony — Common Pleas President Judge Dominick Motto ruled that, because co-defendant Tracy Ludwig had a .141 percent blood alcohol content about an hour after she swerved over the center line in her car and collided with plaintiff Krista Boring’s car, her BAC about five hours before would have been at least .2 percent — enough to be visibly intoxicated.
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