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

Summary

The court held that the estate presented sufficient circumstantial evidence to create a genuine issue of material fact whether the bar served Morrell alcohol while he was a statutorily defined drunken person. Morrell drank steadily at the bar, consumed no alcohol elsewhere, exhibited obvious intoxication shortly after leaving, and had a very high blood-alcohol level, permitting a reasonable inference that he was visibly impaired when served his last drink. The court therefore reversed summary judgment for the bar. Justice Maassen, joined by Justice Winfree, dissented, reasoning that the estate's proof required speculation about Morrell's conduct and interactions at the bar.