Dram Shop Liability Complaint - New Mexico

DRAM SHOP LIABILITY COMPLAINT

STATE OF NEW MEXICO

COUNTY OF [________________________________]

[____] JUDICIAL DISTRICT COURT

Case No.: [________________________________]

COMPLAINT FOR DAMAGES ARISING FROM ALCOHOL SERVICE

Plaintiff alleges as follows:

Parties and venue

1. Plaintiff [NAME] resides in [COUNTY], New Mexico. [For a death claim: Plaintiff is the duly appointed personal representative of [DECEDENT NAME] and brings this action in that capacity under NMSA 1978, §§ 41-2-1 and 41-2-3.]

2. Defendant [LICENSEE NAME] is [ENTITY TYPE] and held a license under the New Mexico Liquor Control Act when the events below occurred. Its relevant premises are at [ADDRESS].

3. [If pleaded: Defendant [SOCIAL HOST NAME] resides at [ADDRESS] and provided alcoholic beverages to a guest in a social setting.]

4. [RECIPIENT NAME] is the person whose conduct caused the injury described below.

5. Venue is proper in [COUNTY] under NMSA 1978, § 38-3-1(A) because [a plaintiff or defendant resides here / the cause of action originated here / other applicable statutory ground]. [If a defendant is an admitted foreign corporation, identify the applicable § 38-3-1(F) ground instead.]

Common facts

6. On [DATE], at [LOCATION], [LICENSEE NAME / SOCIAL HOST NAME] provided alcoholic beverages to [RECIPIENT NAME]. The service or provision occurred in these circumstances: [TIMES, BEVERAGES, AND WITNESSES].

7. At [TIME] on [DATE], [RECIPIENT NAME] [DESCRIBE CONDUCT]. That conduct caused [COLLISION / OTHER EVENT] at [LOCATION] and injured [PLAINTIFF / DECEDENT].

8. The injuries and losses include [PHYSICAL INJURIES, TREATMENT, INCOME LOSS, PROPERTY DAMAGE, AND OTHER PROVABLE LOSSES].

Count I — Sale or service to an intoxicated person by a licensee

9. Plaintiff incorporates paragraphs 1 through 8 insofar as they apply to this count.

10. Defendant [LICENSEE NAME], through [EMPLOYEE OR AGENT], sold or served alcoholic beverages to [RECIPIENT NAME] when that person's intoxication was reasonably apparent to the licensee and the licensee knew from the circumstances that the person was intoxicated. The apparent signs and circumstances were [SPECIFIC OBSERVATIONS KNOWN AT SERVICE]. NMSA 1978, § 41-11-1(A).

11. The sale or service was a proximate cause of the injuries and losses described above because [CAUSAL FACTS].

Count II — Negligent service to a minor by a licensee

12. Plaintiff incorporates paragraphs 1 through 8 insofar as they apply to this alternative count.

13. At the time of service, [RECIPIENT NAME] was [AGE] years old, and thus under twenty-one. Defendant [LICENSEE NAME] knew or had reason to know of the minor status but sold or served alcoholic beverages to the minor in violation of NMSA 1978, § 60-7B-1(A). The facts showing a negligent violation are [IDENTIFICATION CHECK, REPRESENTATIONS, AND OTHER CIRCUMSTANCES].

14. Defendant [LICENSEE NAME] knew, or a reasonable person in the same circumstances would have known, that [RECIPIENT NAME] was a minor because [SPECIFIC FACTS]. The violation proximately caused the injuries and losses because [CAUSAL FACTS]. NMSA 1978, § 41-11-1(F)-(G).

Count III — Reckless provision by a social host

15. Plaintiff incorporates paragraphs 1 through 8 insofar as they apply to this alternative count.

16. Defendant [SOCIAL HOST NAME] gratuitously provided alcoholic beverages to [RECIPIENT NAME], a guest in a social setting at [LOCATION]. The provision was reckless in disregard of the rights of others, including the guest, because [SPECIFIC FACTS SHOWING RECKLESSNESS]. NMSA 1978, § 41-11-1(E).

17. This reckless provision proximately caused the injuries and losses described above because [CAUSAL FACTS].

Damages and request for relief

18. As a result of the conduct pleaded in the applicable counts, Plaintiff seeks compensation for [MEDICAL COSTS], [LOST INCOME], [PAIN AND SUFFERING], [PROPERTY LOSS], and [OTHER PROVABLE LOSS]. [For a death claim: Plaintiff, as personal representative, seeks damages under NMSA 1978, § 41-2-3 arising from [DECEDENT NAME]'s death, including [PECUNIARY INJURY AND OTHER SUPPORTED DAMAGES].]

Plaintiff requests judgment against the responsible Defendant or Defendants for damages established at trial, interest and costs to the extent allowed by law, and other appropriate relief. Plaintiff requests a jury trial on issues triable by jury.

Date: [__/__/____]

Respectfully submitted,

________________________________________

[ATTORNEY NAME]

[FIRM NAME]

[ADDRESS]

[PHONE]

[EMAIL]

New Mexico Bar No. [____]

Counsel for Plaintiff

Filing notes

For personal injury, NMSA 1978, § 37-1-8 specifies a three-year limitations period for injury to the person; determine accrual from applicable law and facts. For wrongful death, § 41-2-2 specifies three years from the date of death. Check the applicable venue ground, including § 38-3-1(F) when a defendant is an admitted foreign corporation. Do not request the dollar limits printed in § 41-11-1(I): Richardson v. Carnegie Library Restaurant, Inc., 1988-NMSC-084, ¶ 40, held that limit unconstitutional.