Buddy & Pal's III, Inc. v. Shearer - 91 N.E.3d 1000 (Ind. Ct. App. 2017)

Rule:

The alcohol furnisher's knowledge must be judged by a subjective standard. Absent an admission that the person furnishing alcohol had actual knowledge of the other's intoxication, the trier of fact must look to reasonable inferences based upon an examination of the surrounding circumstances. Actual knowledge of intoxication can be inferred from indirect or circumstantial evidence such as what and how much the person was known to have consumed, the time involved, the person's behavior at the time, and the person's condition shortly after leaving. 

Facts:

Steven Shearer went to a bar operated by Buddy & Pal's at approximately 10:00 or 11:00 p.m. on Saturday, January 16, 2010. Richard Coyle also went to the bar with Anthony Apato and others at about 10:00 or 10:30 p.m., parked behind the building, entered the bar, and danced and had bottles of beer. Coyle left the bar a short time before 2:00 a.m., warmed up his truck for five to ten minutes, and then pulled his truck around to pick up Apato. Shearer exited Buddy & Pal's. As Coyle's truck approached the entrance and as the truck was moving at approximately three to five miles per hour, Coyle's truck struck Shearer. Coyle kept driving. Police officers nearby were alerted of the incident. One officer tended to Shearer, while Police Officer James Janson entered his police vehicle, caught up with Coyle's truck which had traveled twenty or twenty-five yards to the exit of the parking lot, and activated his lights. Officer Janson exited his police vehicle, approached Coyle and asked him to exit his truck, placed Coyle in handcuffs, and had him sit in the back of the police vehicle. Officer Janson noticed a very strong odor of an alcoholic beverage coming from Coyle's breath, that he was slurring and mumbling a lot, that he was spitting quite a bit while he was talking, and that his eyes were red, bloodshot, and very droopy. When Officer Janson asked him why he did not stop, he replied that he did not know and began to become irritated and use expletives. Officer Janson asked Coyle if he would submit to any field sobriety tests, a portable breath test, or a certified breath test, and Coyle replied that he would not. Officer Janson placed Coyle under arrest for driving while intoxicated and for fleeing the scene or hit and run. In late October or early November of 2011, Shearer filed an action against Buddy & Pal's and Coyle. Coyle settled with Shearer in February of 2015. After Shearer rested, Buddy & Pal's filed a motion for judgment on the evidence arguing that no evidence was offered which raises a jury issue on the allegations of negligence contained in Shearer's complaint, that Shearer testified that he is not pursuing a claim for a mental health injury, and that the question of whether Buddy & Pal's conduct was the cause of a mental health injury sustained by Shearer should not be submitted to the jury. This was denied. The jury determined that Shearer was seventeen percent at fault, Buddy & Pal's was twenty-one percent at fault, and Coyle was sixty-two percent at fault, awarded total damages of $155,000, and awarded damages against Buddy & Pal's in the amount of $32,550. On November 16, 2016, the trial court entered judgment consistent with the jury verdict. Buddy & Pal's filed a motion to correct error arguing that the court erred in denying its motion for judgment on the evidence and that the jury verdict was excessive. Buddy & Pal's filed a motion to correct error arguing that the court erred in denying its motion for judgment on the evidence and that the jury verdict was excessive, which was also denied.

Issue:

Did the trial court err in denying Buddy & Pal’s motions?

Answer:

No.

Conclusion:

The evidence most favorable to the nonmoving party reveals that Coyle had not had any alcoholic beverages prior to going to Buddy & Pal's, arrived at Buddy & Pal's at approximately 10:00 or 10:30 p.m., purchased beer from the bartender at the bar, did not have any shots, exited the bar shortly before 2:00 a.m., warmed up his truck for five to ten minutes, and then pulled around to pick up Apato and struck Shearer. Officer Janson stopped Coyle as he drove toward the exit of the parking lot. Officer Janson testified that he detected a very strong odor of an alcoholic beverage coming from Coyle's breath and observed that Coyle's eyes were red, bloodshot, and very droopy, that Coyle was slurring and mumbling a lot, and that Coyle was spitting quite a bit while talking, which Officer Janson testified he believed must have been significant because he documented it. As Officer Janson questioned Coyle, he became irritated and began to use expletives. Officer Janson testified that, based on his education, training, and experience, the signs he observed of Coyle matched those he was taught to observe with regard to alcohol impairment and that he arrested Coyle for operating while intoxicated. Further, the probable cause affidavit prepared by Officer Janson indicated that the odor of intoxicant was strong, Coyle's eyes were watery and bloodshot, his face was flushed, his reaction was dull, his manual dexterity was slow and clumsy, and his balance was unsteady. Proof that Buddy & Pal's knew of Coyle's intoxication may be made by indirect or circumstantial evidence including evidence of Coyle's condition shortly after leaving the bar. The evidence demonstrates that the accident occurred five to ten minutes after leaving the bar and establishes the extent to which Coyle appeared visibly intoxicated at that point. The trier of fact was free to disbelieve the testimony of Coyle regarding his alcohol consumption and to reasonably infer, based on the behavior Coyle exhibited a short time after leaving the bar, that Coyle must have exhibited visible signs of intoxication at the time he purchased his last alcoholic beverage. Based on the record, it cannot be concluded that there was a complete failure of proof or reasonable inference supporting Shearer's claim.