An Allegheny County trial judge has ruled that plaintiffs injured in an automobile accident with a drunken driver cannot recover under a claim that a defendant liquor licensee violated Pennsylvania Liquor Control Board Regulations by serving the driver more than one free alcoholic beverage, without first showing that the driver was visibly intoxicated at the time.

Allegheny Court of Common Pleas Judge R. Stanton Wettick Jr. said the plaintiffs may bring common law negligence claims against the defendants who supplied alcohol to the driver, but must first show that the driver was served while visibly intoxicated.

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