Dion v. Y.S.G. Enterprises, Inc. d/b/a The Depot Sports Bar & GrillAnnotate this Case
Peggy Dion (“Dion”), the widow of Dale Dion (“Dale”), appealed a Superior Court order that granted Y.S.G. Enterprises, Inc., d/b/a Depot Sports Bar and Grill's (“Depot”) motion to dismiss. Dale died in a single-car wreck; his blood alcohol content was .282. At 2:30 p.m. the previous day, Dale went to the Depot and drank alcoholic beverages for the next eight hours, closing his tab at 10:43 p.m. During that time, he was visibly intoxicated and a Depot employee asked for the keys to Dale’s car, but Dale refused. Dion filed a wrongful death action against Depot, contending that the conduct of its employees was the proximate cause of Dale’s death. Depot moved to dismiss the complaint for failure to state a claim, arguing that Dion’s asserted cause of action fell under the Dram Shop Act. The trial court granted Depot's motion, specifically rejecting Dion's contentions that the Act was unconstitutional. Dion appealed the trial court's holding, but finding the Act constitutional, and finding no otherwise reversible error in the trial court's decision, the Supreme Court affirmed the dismissal of Dion's case.