Mike Henry Rollins v. Winn Dixie and John

This dram shop case stems from a fatal automobile accident in Clarksville. A surviving passenger and a deceased passengers estate filed separate suits in the Circuit Court for Montgomery County against two businesses that sold intoxicating beverages to the driver and the passengers prior to the accident. The trial court granted the defendants motions for summary judgment, finding that the passengers were contributorially negligent because they were knowingly riding with an intoxicated driver. The plaintiffs have appealed, insisting that a genuine issue exists concerning the drivers intoxication and the passengers knowledge of the drivers intoxication. We find no material factual dispute and, therefore, affirm the trial court.