Annie Gumba–Kinsumba et al. v. Sports Haven et al. (2013)

MEMORANDUM OF DECISION RULING ON PLAINTIFF'S SPORTECH VENUES, INC. AND SPORTECH, INC.'S MOTION FOR SUMMARY JUDGMENT

The court grants the defendants Sportech Venues, Inc. (SVI), and Sportech, Inc.'s (Sportech) motion for summary judgment.

This is a Dram Shop action brought pursuant to General Statutes § 30–102.   The defendants SVI and Sportech have submitted undisputed affidavits that neither they, nor their agents, sold alcohol to the driver of the vehicle that struck and killed the plaintiff's decedent.  (See, affidavits of James D. Birney dated November 30, 2012 and June 20, 2013.)   The plaintiff has submitted no affidavits to dispute Birney's assertions.   It is clear from Birney's affidavits that the seller of the alcohol was neither SVI nor Sportech.   Accordingly, there can be no liability as to SVI or Sportech under General Statutes § 30–102.  (See, Shea v. Slezak, 20 Conn.Sup. 181, 182–3 (1956).)

The defendant SVI and Sportech's motion for summary judgment is, therefore, granted.   The case remains viable as to the remaining defendants.

Frechette, J.

Frechette, Matthew E., J.