Uwe Kalenka, Personal Representative of the Estate of Eric W. Kalenka, Appellant v. Jadon, Inc., — Maassen, J…

Summary

The dissent would affirm summary judgment for the bar because the Estate presented evidence that Morrell was highly intoxicated, but not evidence that he exhibited plainly observable manifestations of intoxication while being served. In the dissent's view, finding liability would require speculation about interactions, movements, and conversations that were not supported by evidence. The dissenting opinion was authored by Maassen, Justice, and joined by Winfree, Justice.