AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Police Plaintiff: Dramshop Liability

     Police officer's dramshop claim against a bar owner for injuries he suffered while attempting to arrest a patron who had allegedly become intoxicated at the bar was not barred, under Michigan law, by the firefighters' rule, as the claim was expressly provided by a state statute. Tull v. WTF, Inc., No. 252683, 706 N.W.2d 439 (Mich. App. 2005). [N/R]
     339:45 Fireman's rule did not bar Michigan police officer's lawsuit against bar which served liquor to underage man who subsequently assaulted him; jury awards $121,689.89 to the plaintiff officer and $25,000 to his wife. McCaw v. T & L Operations, Inc., 619 N.W.2d 420 (Mich. App. 2000).
     308:123 Bar which served female motorist liquor before she died in vehicle collision was not liable to estate of deputy sheriff who died while performing duties at scene of the accident when he was struck and killed by another intoxicated motorist driving by; Iowa Supreme Court rules that deputy's death was not a foreseeable result of bar's service of alcohol to first motorist. Hayward v. P.D.A., Inc., 573 N.W.2d 29 (Iowa 1997).

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