Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Texas high court considers dram‑shop summary‑judgment standard in Raegar (Cadeau) v. Myers
Summary
Justices heard competing views about whether testimony and post‑accident BAC evidence can create a fact issue to defeat summary judgment under the Texas Alcoholic Beverage Code’s “obviously intoxicated” standard for dram‑shop liability.
The Supreme Court of Texas heard argument in Raegar Corporation v. Myers (Cadeau restaurant), a dram‑shop appeal that asks when a retailer can be held liable for harms caused by a patron. The central legal question is whether summary judgment is appropriate where the plaintiff’s evidence includes a post‑incident blood alcohol concentration (BAC), an expert’s retrograde extrapolation, the patron’s later statements, and testimony from the bartender about training and the number of drinks served.
Why it matters: The court’s interpretation of the Texas Alcoholic Beverage Code’s apparent‑intoxication standard—whether conduct must be visibly intoxicated at the time of service and how circumstantial BAC evidence and expert opinion factor…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
