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GORSKI v. DRR, INC.

No. 49A02-0304-CV-300.

801 N.E.2d 642 (2003)

James B. GORSKI, Personal Representative of the Estate of Jennifer M. Gorski, Appellant-Plaintiff, v. DRR, INC., d/b/a Hots Show Club, Appellee-Judgement-Defendant, L.M.B. JR. INC. a/k/a LMB Jr., Inc. and Leonard M. Birk, Jr., Appellees-Garnishees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied March 1, 2004.

Attorney(s) appearing for the Case

C. Dennis Wegner, Jeffrey K. Orr, C. Dennis, Wegner & Assoc., P.C., Indianapolis, IN, Attorneys for Appellant.

Richard M. Malad, Eric S. Pavlack, Cohen & Malad, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

James Gorski's wife was killed in a collision with an intoxicated motorist. Gorski, as personal representative of his wife's estate, filed a wrongful death complaint against a club, arguing that the club served alcohol to the motorist after the motorist was already visibly intoxicated. Prior to the trial, the owners of the club sold their interest to Leonard M. Birk, Jr., and LMB Jr., Inc. ("LMB"). Following a jury trial, judgment was...

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