Third parties brought a motion for summary judgment dismissing a defendant’s third party claim and crossclaims arising from injuries sustained during an assault after a community festival where alcohol was served.
The moving parties argued there was no evidence establishing their liability for allegedly serving alcohol to an intoxicated attendee who later committed the assault.
The court held that granting summary judgment would require determinations overlapping with issues scheduled for trial and could create inconsistent factual findings.
The matter also raised a potentially novel duty of care question regarding volunteers organizing events where alcohol is served.
The court concluded that summary judgment was not the most appropriate or just procedure.
