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Q: Attorney Tully, in a case against a bar for serving an intoxicated person, who then causes an auto fatality, what is involved?
A: Good question. First, the lawyer needs to immediately locate the people who were in the bar when the driver was there. This may be the best evidence of the bar’s fault. Why? Because they will be able to testify about how the intoxicated driver appeared at the bar. Was he there for a long time, was he showing signs of intoxication, was he yelling or arguing with other customers, was he slumped over in his chair, did he have glassy eyes or slurred speech? Everyone knows those are telltale signs of intoxication. And if the bartender kept serving the driver when he was in that condition, you have the makings of a solid case.
