Iowa Supreme Court

Case Name: Banwart v. 50th Street Sports, L.L.C. d/b/a Draught House 50

Filed: March 30, 2018 by the Iowa Supreme Court (No. 16-1218)

Subject matter: Subsequent intoxicated condition inference alone sufficient to survive summary judgment on the scienter requirement of Iowa Code § 123.92(1)(a).

Under Iowa Code § 123.92(1)(a), a plaintiff must demonstrate that a defendant licensee or permittee, sold and served alcohol to an allegedly intoxicated person (AIP) when it knew or should have known that the AIP was intoxicated or would become intoxicated, and that the AIP’s intoxication proximately caused the plaintiff’s injury.  Here, the Iowa Supreme Court found that where an AIP consumed three beers in the span of four hours at a licensee’s establishment, evidence of subsequent intoxication alone creates an inference that the bar sold and served beer to the AIP when it knew or should have known she was or would become intoxicated.

Kristymarie Shipley
Kristymarie is an Associate Attorney whose practice focuses on litigation, and labor & employment. She is originally from Caguas, Puerto Rico and fluent in Spanish.