SMITH v. SHAGNASTY'S INC.

No. 03-1010.

688 N.W.2d 67 (2004)

Lisa SMITH, Appellant, v. SHAGNASTY'S INC. d/b/a Shagnasty's, Appellee.

Supreme Court of Iowa.

October 6, 2004.


Attorney(s) appearing for the Case

Hugh G. Albrecht of the Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant.

Jennifer E. Rinden of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellee.


STREIT, Justice.

An unidentified drunk woman in a bar whacked another patron about the face with a beer bottle. The injured patron sued the bar under Iowa's dramshop statute. The district court threw out her lawsuit because on the facts presented a jury could not reasonably conclude the bar sold and served the assailant alcohol and did so when it knew or should have known she was or would become intoxicated. The court of appeals found sufficient evidence of a sale...

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