High court makes it clear that the stateâs dram shop law applies to stores that knowingly sell alcohol to noticeably drunk drivers, says Atlanta personal injury lawyer Bruce Millar.
Atlanta, GA (PRWEB) August 02, 2011
A store can be held accountable for any harm that results from selling alcohol to a noticeably drunk driver, the Georgia Supreme Court ruled earlier this month.Atlanta personal injury lawyer Bruce R. Millar says the July 5 decision in the case, Flores, et al. v. Exprezit! Stores 98-Georgia, et al. (S10G1652), will help Georgia residents who have been injured by an intoxicated driver or lost a loved one in a DUI accident.
His Atlanta personal injury law firm, Millar & Mixon, LLC, has secured numerous substantial verdicts and settlements for drunk-driving accident victims and their families throughout the state of Georgia. The law firm was not involved in the Flores case but followed it closely because of its potential impact on Georgia accident victimsâ rights, Millar says.
âUnder Georgiaâs dram shop law, drunk-driving accident victims can seek the compensation they deserve from not only the drunk driver, but also the person or business that recklessly or negligently provided the alcohol to the driver,â Millar says.
âThis decision makes it clear that the law doesnât apply only to bars or restaurants that sell alcohol to customers who are drinking at the establishment, but it also applies to any grocery store or convenience store that knowingly sells the alcohol to a person who is drunk and will soon be driving away and endangering others on the road.â
According to the Flores opinion, the driver pulled up to a Clinch County convenience store and bought a closed 12-pack of beer while noticeably intoxicated. The driver and a passenger drove off, drank the beer and smashed head on to a van four hours later, the opinion says.
Six people, including the drunk driver, died in the crash. Three others received serious bodily injury, including a 6-year-old girl whose family brought the dram shop claim against the store.
The trial court and Georgia Court of Appeals ruled against the girlâs family. The Supreme Court reversed. In the decision, the high court said it was clear that the dram shop law âwas intended to encompass the sale of an alcoholic beverage at places other than the proverbial dram shop.â
âA store clerk, just as much as a bartender or waiter, has the opportunity to see whether a customer is drunk or whether they are going to drive away,â Millar says. âItâs logical that the store should have to face the same consequences as a bar or restaurant if they sell beer, wine or liquor to that person.â
Millar says Georgiaâs dram shop law plays a crucial role in making sure drunk-driving victims and their families receive proper compensation. Those funds can pay for their medical expenses, funeral costs, lost wages and pain and suffering, he says. Punitive damages, which are aimed at discouraging and punishing drunk drivers, can also be recovered.
The Atlanta law firm recently secured more than $1.7 million for the family of a DUI accident victim in a case brought against the driver and the tavern that had served the driver. (Gordon v. Butler, et al., Superior Court of Henry County, Georgia, No. 09 CV 3230A.)
âEach case depends on the facts,â Millar says. âOur law firm closely investigates each case in order to determine how a car accident occurred and who is responsible for it.
âAbove all, we are passionate about standing up to drunk drivers, bars, restaurants and stores â" and their insurance companies â" in order to protect the rights of their victims.â
About Millar & Mixon, LLC
The Atlanta personal injury law firm of Millar & Mixon, LLC, represents persons injured in car, truck, motorcycle, bus and other motor vehicle accidents. The firm also handles DUI cases, slip and fall injuries and animal attacks and bites, among other personal injury claims. Since 1993, Atlanta attorney Bruce Millar has obtained judgments and settlements exceeding $60 million for his clients.
The firm represents Georgia accident and injury clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. For more information, call (877) 475-7015 or contact the firm through its online form.
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Bruce Millar
Millar & Mixon, LLC
(770) 477-6360
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