Dram Shop Liability Complaint - Nebraska

COMPLAINT — MINOR ALCOHOLIC LIQUOR LIABILITY ACT

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

Case No.: [________________________________]

Plaintiff, by counsel, alleges as follows:

Parties, jurisdiction, and venue

1. Plaintiff [NAME] is [an injured person / the duly appointed personal representative of the estate of DECEDENT NAME]. If proceeding for a death, Plaintiff brings the claim in that representative capacity for the persons identified under Neb. Rev. Stat. § 30-810.

2. Defendant [NAME] is a [Nebraska retailer / social host / person who procured alcoholic liquor] with an address at [________________________________].

3. This Court has subject-matter jurisdiction under Neb. Rev. Stat. § 24-302. Venue is proper in this county under Neb. Rev. Stat. § 25-403.01 because [DEFENDANT RESIDES HERE / THE CAUSE OF ACTION AROSE HERE / RELEVANT TRANSACTION OCCURRED HERE].

Facts

4. On [__/__/____], [MINOR NAME] was [____] years old, under the age of twenty-one, and consumed alcoholic liquor at [PLACE] in [COUNTY], Nebraska.

5. Defendant's role was [SELECT AND COMPLETE ONE OR MORE APPLICABLE ALLEGATIONS]:

☐ Social host: Defendant knowingly allowed the minor to consume alcoholic liquor in Defendant's home or on property under Defendant's control at [PLACE]. Defendant was not a parent providing alcoholic liquor only to that parent's minor child, or a religious entity or authorized representative dispensing it as part of a bona fide religious rite, ritual, or ceremony. Neb. Rev. Stat. § 53-403(7).

☐ Procurer: Defendant procured [TYPE AND AMOUNT OF ALCOHOLIC LIQUOR] for the minor, knew or should have known the recipient was under twenty-one, and did not act with the permission and in the company of the minor's parent or guardian. Neb. Rev. Stat. § 53-404(2).

☐ Retailer: Defendant, a retailer under the Act, sold [TYPE AND AMOUNT OF ALCOHOLIC LIQUOR] to the minor at [PLACE]. Neb. Rev. Stat. § 53-404(3).

6. After consuming the alcoholic liquor, the minor became intoxicated. The minor's faculties were impaired as follows: [SPECIFIC OBSERVATIONS].

7. While intoxicated, the minor negligently [SPECIFIC CONDUCT] at [PLACE] on [__/__/____]. The intoxication contributed to that negligent conduct because [FACTS LINKING IMPAIRMENT TO CONDUCT].

8. The minor's negligent conduct proximately caused [PLAINTIFF'S INJURY / PROPERTY DAMAGE / DECEDENT'S DEATH] as follows: [FACTS AND CAUSATION].

Count I — Statutory liability under Neb. Rev. Stat. § 53-404

9. Plaintiff incorporates paragraphs 1 through 8.

10. Defendant is a qualifying [social host / procurer / retailer] under the Minor Alcoholic Liquor Liability Act because [FACTS MATCHING THE SELECTED ROLE].

11. Plaintiff [sustained injury or property damage / brings this claim on behalf of the estate of a person killed] as a proximate result of the negligence of an intoxicated minor, and the intoxication contributed to that conduct.

12. Plaintiff seeks actual damages caused by that conduct under the Act, including the following supported items: [MEDICAL EXPENSES, LOST EARNINGS, PROPERTY LOSS, OR OTHER APPLICABLE ACTUAL DAMAGES AND AMOUNTS]. For a death claim, specify the beneficiaries and the losses claimed for them: [________________________________].

Request for relief

Plaintiff requests judgment against Defendant for:

1. Actual damages in an amount proved at trial;
2. Recoverable costs and interest, if authorized by applicable law; and
3. Other relief the Court finds lawful and proper.

Plaintiff requests trial by jury on issues triable by jury.

Dated: [__/__/____]

Attorney signature: __________________________________

Printed name and Nebraska bar number: [________________________________]

Firm and address: [________________________________]

Phone and email: [________________________________]

Counsel for Plaintiff