Firm Wins Motion to Dismiss Wrongful Death Case

The deceased’s next of kin brought a law suit alleging that the defendants (local businessmen) negligently entrusted a motor vehicle to the deceased because they allegedly should have known he was an alcoholic.  The deceased was killed in a one car accident.

Joe Roper and Mike Belancio filed a motion to dismiss the law suit.  In what the trial court recognized was an issue of first impression in Missouri, the Firm demonstrated that there was no duty for the defendants to protect the deceased from injuries inflicted on himself, as opposed to third parties.

The Missouri Dram Shop Act already precludes suits by the consumers of alcohol for their own self-imposed injuries after they are served alcohol.  Thus, with even greater certainty, the Firm argued there should be preclusion of law suits by the consumers of alcohol for injuries sustained based on provision of a vehicle.

Plaintiff made a pre-suit demand of $3.75 million dollars.

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