After purchasing a 12-pack of beer at a Quickway store, Earl Beers got into his car swerved into oncoming traffic, sped off, and killed himself and the driver of another vehicle.
When suit was filed against Beers and Quickway, Quickway's store clerk claimed that Beers didn't look like he was intoxicated at the time of the sale. (A toxicologist agreed that Beers wouldn't have appeared drunk when the transaction occurred.)
The other driver's estate representative was able to show that the clerk had informed police that the alcohol was sold to a person who had "beer-breath" and slurred his words. (The clerk later denied making those statements.)
When Quickway asked for the case's dismissal, the Delaware County Supreme Court thought that the store clerk's contradictory statements warranted a formal hearing or trial. On appeal, the Appellate Division, Third Department, reversed.
The police report couldn't be considered because the clerk's statements weren't "sworn or notarized," were later repudiated, and, no one else saw Beers in the store. The AD3 also objected to the lack of any expert evidence as to Beers' blood alcohol content at the time of the sale.
That clearly went flat.
To view a copy of the Appellate Division's decision, please use Kaufman v. Quickway, Inc.