Dram Shop Liability Complaint - West Virginia

DRAM SHOP LIABILITY COMPLAINT — WEST VIRGINIA

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

CIVIL ACTION NO. [________]

COMPLAINT FOR DAMAGES (INTOXICATED PATRON INJURY)

JURY TRIAL DEMANDED

Filing note: Submit the completed Supreme Court-prescribed civil case information statement with this complaint under Rule 8(a)(3), W. Va. R. Civ. P.

Plaintiff, by counsel, alleges:

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] is an individual residing in [COUNTY / STATE].

2. Defendant [VENDOR NAME] ("Vendor") is [ENTITY TYPE AND FORMATION STATE], with its principal office at [ADDRESS], and held [IDENTIFY APPLICABLE LIQUOR LICENSE AND LICENSED PREMISES] on the date alleged. Vendor may be served through [REGISTERED AGENT AND ADDRESS].

3. Defendant [PATRON NAME] ("Patron") is an individual residing in [COUNTY / STATE], who may be served at [ADDRESS].

4. This action arises from injuries caused by Patron's conduct after Vendor allegedly sold alcohol to Patron while Patron was physically incapacitated by drinking. The injury occurred in [COUNTY] County, West Virginia, on [__/__/____].

5. This Court has jurisdiction under W. Va. Const. art. VIII, § 6 and W. Va. Code § 51-2-2(b) because the amount in controversy on this tort claim exceeds $7,500, excluding interest and costs.

6. Venue is proper in this county under W. Va. Code § 56-1-1 [SELECT SUBSECTION] because [STATE FACTS SATISFYING THAT ROUTE]. Apply subsection (a)(2)'s corporate conditions if relying on Vendor's business activity, and subsection (c) for each plaintiff.

2. FACTUAL ALLEGATIONS

7. On [__/__/____], Patron entered Vendor's licensed premises at [ADDRESS]. Vendor sold or served [IDENTIFY DRINKS AND APPROXIMATE TIMES] to Patron through [IDENTIFY EMPLOYEE OR AGENT, IF KNOWN].

8. Before the sale or service at issue, Patron was physically incapacitated by drinking, as shown by [DESCRIBE SPECIFIC OBSERVABLE FACTS, TIMING, AND WITNESSES]. Facts may include [SLURRED SPEECH / INABILITY TO STAND OR WALK / LOSS OF MOTOR COORDINATION / OTHER DOCUMENTED SIGNS]; select only those supported by evidence.

9. Vendor's employee or agent [OBSERVED THE SIGNS / WAS PRESENT FOR THE OBSERVATIONS / OTHER FACTS SHOWING KNOWLEDGE] and nevertheless sold or served [DESCRIBE ADDITIONAL ALCOHOL AND TIME] to Patron.

10. W. Va. Code § 60-7-12(a)(4) prohibits a licensee covered by that section and its agents or employees, on licensed premises, from selling or procuring beer, wine, or liquor for a person physically incapacitated by alcohol or drug consumption. Vendor's license and the sale described above [STATE FACTS SHOWING THIS SECTION APPLIES].

11. After that service, Patron [DESCRIBE INJURIOUS CONDUCT, LOCATION, AND TIME]. The conduct caused [DESCRIBE COLLISION OR OTHER EVENT AND CAUSAL CONNECTION TO PLAINTIFF].

12. Plaintiff sustained [LIST DOCUMENTED INJURIES AND PROPERTY DAMAGE] and received [DESCRIBE ACTUAL TREATMENT]. Any future care or lasting effect is [DESCRIBE ONLY IF SUPPORTED BY MEDICAL PROOF].

3. COUNT I — LICENSEE NEGLIGENCE (Against Vendor)

13. Plaintiff incorporates Paragraphs 1 through 12.

14. West Virginia recognizes a civil negligence claim for personal injury caused by a liquor licensee's sale of alcohol to a person physically incapacitated by drinking. Bailey v. Black, 183 W. Va. 74, 394 S.E.2d 58 (1990).

15. Vendor breached that duty by selling or serving alcohol to Patron under the conditions alleged in Paragraphs 7 through 10. Plaintiff pleads § 60-7-12(a)(4)'s prohibition as applicable evidence of the standard of conduct, without asserting that the criminal provision creates an independent civil cause of action.

16. That sale or service was a direct and proximate cause of Patron's further intoxication and the injury event described in Paragraph 11. Patron's own conduct does not by itself resolve Vendor's share of fault.

4. COUNT II — NEGLIGENCE (Against Patron)

17. Plaintiff incorporates Paragraphs 1 through 12.

18. Patron owed Plaintiff reasonable care in [DESCRIBE ACTIVITY: DRIVING / OTHER CONDUCT] and breached that duty by [DESCRIBE THE SPECIFIC ACT OR OMISSION AND SUPPORTING FACTS].

19. Patron's breach directly and proximately caused Plaintiff's injuries and damages.

5. DAMAGES

20. Plaintiff seeks proven past and future medical and care expenses, lost income and any diminished earning capacity, property damage, and physical pain and mental anguish. Any permanent impairment, disfigurement, or related loss of enjoyment of life is claimed only if supported by medical proof, without duplicate recovery. Wilt v. Buracker, No. 21708 (W. Va. Dec. 13, 1993).

6. PRAYER FOR RELIEF

Plaintiff requests judgment against Defendants for:

• Compensatory damages in an amount determined at trial, exceeding this Court's jurisdictional minimum, with each defendant liable for its legally allocated share under W. Va. Code § 55-7-13c;
• Prejudgment interest on eligible special or liquidated damages after settlements, as determined by the Court, and postjudgment interest under W. Va. Code § 56-6-31;
• Taxable costs; and
• Other relief the Court finds just and lawful on the claims pleaded here.

7. JURY DEMAND

Plaintiff demands a jury trial on all issues triable of right by jury under Rule 38, W. Va. R. Civ. P.

8. SIGNATURE AND SERVICE ADDRESSES

Respectfully submitted on [__/__/____].

/s/ [________________________________]

[ATTORNEY NAME] (WV State Bar No. [________])

[LAW FIRM]

[ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]

Attorney for Plaintiff

Serve a summons with this complaint on each Defendant under Rule 4, W. Va. R. Civ. P.:

• Vendor: [REGISTERED AGENT / SERVICE ADDRESS]
• Patron: [SERVICE ADDRESS]

Complete proof of service after service occurs.

9. WEST VIRGINIA PRACTICE NOTES

• Common law claim. Bailey recognizes the licensee negligence claim for sales to a person physically incapacitated by drinking. The court's 2024 opinion in Barr v. Jackson, No. 23-ICA-337, describes that rule and the absence of a standalone West Virginia dram shop act. The statutory license prohibition is a separate criminal provision; confirm Vendor's license category and actual sale before pleading it.
• Time and fault. W. Va. Code § 55-2-12(b) generally gives two years after accrual for a personal-injury damages action if no more specific period applies. Under §§ 55-7-13a and 55-7-13c(c), recovery is reduced by Plaintiff's fault and barred only if that fault exceeds the combined fault of all others. Section 55-7-13d(a)(2) governs consideration of settled or timely noticed nonparty fault.
• Interest. Section 56-6-31(b) permits, but does not require, prejudgment interest on eligible special or liquidated damages after settlements.

10. SOURCES AND REFERENCES

• West Virginia Code, §§ 51-2-2, 55-2-12, 55-7-13a, 55-7-13c, 55-7-13d, 56-1-1, 56-6-31, and 60-7-12 — https://code.wvlegislature.gov/
• Barr v. Jackson, No. 23-ICA-337 (W. Va. ICA 2024) — https://www.courtswv.gov/sites/default/pubfilesmnt/2024-06/23-ICA-337%20Opinion.pdf
• West Virginia Rules of Civil Procedure, Rules 4, 8, 38, and 54 — https://www.courtswv.gov/legal-community/court-rules

Disclaimer: An attorney licensed in West Virginia must review and customize this complaint before filing.