Uwe Kalenka, Personal Representative of the Estate of Eric W. Kalenka, Appellant v. Jadon, Inc., D/b/a Chilkoot…

Summary

The Alaska Supreme Court reversed summary judgment for Chilkoot Charlie’s in a dram shop wrongful-death action. It held that circumstantial evidence—including the patron’s sustained drinking at the bar, lack of alcohol consumption elsewhere, high estimated blood-alcohol level, and visible intoxication approximately 45 minutes after leaving—could allow reasonable jurors to infer that he was visibly impaired when served. Justice Maassen, joined by Justice Winfree, dissented and would have affirmed because the evidence required speculation about whether the patron displayed observable intoxication while being served.