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