Texas Attorneys Obtain Dismissal with Prejudice in Dram Shop Suit
Houston Partner Scott L. Scheinthal and Attorney Rima C. Patel were granted summary judgment, dismissing all claims against our convenience store client in the El Paso County Court in a dram shop case involving a fatal motor vehicle accident.
In April 2023, two individuals filed a lawsuit against several defendants, including our convenience store client, two restaurants and the driver and owner of an 18-wheeler, for the wrongful death of their parent who was a passenger in the vehicle driven by the intoxicated co-defendant who struck a parked 18-wheeler. Plaintiffs claim that our client violated the Texas Dram Shop Act by selling alcohol to the co-defendant driver while she was visibly intoxicated, contributing to the fatal accident. Plaintiffs also assert claims of negligent hiring, supervision, training and retention against our client.
In their Summary Judgment Motion, Litchfield Cavo attorneys Scott Scheinthal and Rima Patel argued that Plaintiffs failed to provide evidence that the co-defendant driver visited or purchased alcohol from our client’s business on the night of the accident. Our attorneys effectively argued that Plaintiffs’ allegations are based on mere speculation by asserting that co-defendant driver and decedent “typically visited our client’s store after a night out.” Our attorneys contended there was no evidence connecting our client to the incident; therefore, Plaintiffs’ claims against our client cannot be sustained.
In February 2025, the County Court granted our attorneys’ Motion and dismissed Plaintiffs’ case against our client with prejudice.
Scott is an accomplished trial attorney with more than 25 years of experience defending clients in dram shop, transportation, premises liability, professional liability and business litigation claims. He also is board certified in personal injury trial law by the Texas Board of Legal Specialization.
Rima is an experienced litigator who focuses her legal practice on premises liability, personal injury, construction liability and general liability matters. She also handles products liability, construction defect, breach of contract and transportation litigation claims.