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'Apparent' intoxication triggers tavern's liability, Washington court holds.

Publication: Trial
Publication Date: 01-JAN-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Washington Supreme Court has ruled that a tavern owner can be held liable for serving alcohol to a customer who caused a car crash, even though the plaintiff proved only that the customer was "apparently," not "obviously," intoxicated. The divided court relied on legal and semantic differences between the two words and reversed over 20 years of its own case law. (Barrett v. Lucky Seven Saloon, Inc., 96 P.3d 386 (Wash. 2004).)

"When I first got this case, I thought it was pretty silly," said Joe Chalverus, the Seattle attorney who represented the plaintiff. "But it turns out that there is a big difference between 'apparent' and 'obvious.'"

In 1995,...

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