Summary: The Defendants moved for judgment on the pleadings on the Plaintiffs’ dram shop and wrongful death claims. The Court granted in part and denied in part the motion. The Court granted judgment on the pleadings on the Plaintiffs’ dram shop claims, finding that North Dakota’s dram shop statutes prevent the intoxicated person’s family from recovering under the statutes. The Court denied judgment on the pleadings on the Plaintiffs’ wrongful death claims, finding that the Defendants owed a duty of reasonable care to its customers.
Case Name: Hoff, et al. v. Elkhorn Bar, et al.
Case Number: 1-08-cv-71
Docket Number: 31
Date Filed: 5/12/09
Nature of Suit: 360
click here to load this opinion (PDF file)IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Haley Hoff and Raquel Flaaen, as parent and natural Guardian
of decedent Randall Hoff’s Minor Children, Hanah Hoff and Hevyn Hoff,
individually,
The Elkhorn Bar and Ray Schmidt,
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) ) ORDER GRANTING IN PART AND ) DENYING IN PART DEFENDANTS’ ) MOTION FOR JUDGMENT ON ) THE PLEADINGS ) ) Case No. 1:08-cv-71 ) ) ) |