Plaintiff testified at deposition that just prior to his encounter with the individual who assaulted him, he observed that individual leave defendant tavern in an obviously intoxicated condition. Given such testimony, it was incumbent upon defendant, as the proponent of a motion for summary judgment seeking dismissal of plaintiff's Dram Shop claims against it, to negate the possibility that it served alcohol to a visibly intoxicated person. This defendant failed to do. Indeed...
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