Concerned for his son’s safety, Vincent S. ran his boat aground on Nickerson Beach. And when a large wave tipped the boat over, passenger Jennifer L. got pinned to the ground.
When she later filed a personal-injury lawsuit, Jennifer joined "Surf’s Out" restaurant as a party to the litigation--for selling booze to Vincent earlier in the day.
When it tried to get out of the case, both the Suffolk County Supreme Court and Appellate Division, Second Department, denied the bar’s dismissal request.
Since it was unclear whether Vincent was visibly intoxicated when the establishment served him alcohol, and whether that sale had a “reasonable and practical connection” to Jennifer’s injuries, Surf’s Out, needed to stay in.
HANG TEN!
To view a copy of the Appellate Division’s decision, please use this link: L. v. Surf’s Out at Kismet, LLC