Dram Shop Liability Complaint - Wyoming

DRAM SHOP LIABILITY COMPLAINT — WYOMING

TABLE OF CONTENTS

1. Critical Jurisdictional Warning
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Negligent Unlawful Furnishing
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Optional Verification
11. State-Specific Notes

CRITICAL JURISDICTIONAL WARNING

Wyo. Stat. § 12-8-301(a) shields a person who legally provided alcohol from damages caused by the recipient's intoxication. Subsection (c) says that section does not affect liability when the sale or provision violated Title 12; it does not itself establish negligence, causation, or damages. Identify the precise Title 12 violation and facts supporting the independent claim before filing. A recipient's age alone is insufficient if § 12-6-101(a)'s legal-ward, medical-patient, or immediate-family exception applies. Section 12-5-301(a)(v) separately restricts orders and delivery in an approved drive-in area, including to an intoxicated person; it is not a general statewide rule for every service setting. This district-court form assumes a recovery request exceeding $50,000, exclusive of court costs; § 5-9-128(a)(i) gives circuit court exclusive original jurisdiction when the prayer does not exceed that amount.

CAPTION

IN THE DISTRICT COURT OF THE [____________________] JUDICIAL DISTRICT
IN AND FOR [____________________] COUNTY, WYOMING

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Wyoming [ZIP CODE].

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding a liquor license issued under Title 12 of the Wyoming Statutes, operating [ESTABLISHMENT NAME] at [ADDRESS], [CITY], [COUNTY] County, Wyoming [ZIP CODE].

3. [RECIPIENT NAME] ("Recipient") is the person to whom Defendant furnished alcohol. The Recipient's age at the time was [____] years.

JURISDICTION AND VENUE

4. This Court has original jurisdiction under Wyo. Const. art. 5, § 10. Plaintiff seeks recovery exceeding $50,000, exclusive of court costs; Wyo. Stat. § 5-9-128(a)(i) therefore does not vest exclusive original jurisdiction in circuit court.

5. Venue is proper in [____________________] County pursuant to Wyo. Stat. § 1-5-109 because [the cause of action arose in this county / Defendant resides or may be summoned in this county].

FACTUAL ALLEGATIONS

6. At all relevant times, the Licensee Defendant held a valid license to sell alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Wyoming.

7. On or about [DATE], the Recipient was present at the Licensee Defendant's premises.

8. The Licensee Defendant, through its agents, servants, or employees, sold or provided alcoholic beverages to the Recipient.

9. The sale or provision violated Title 12 through the selected, fact-supported route:

☐ Furnishing to a person under 21 — § 12-6-101(a). The recipient was [____] years old (date of birth [__/__/____]); Defendant [sold / furnished / gave / caused to be furnished] [alcohol type and quantity] on [date]. The recipient was not Defendant's legal ward, medical patient, or immediate-family member. Supporting facts: [________________________________].

☐ Drive-in order or delivery — § 12-5-301(a)(v). The licensed drive-in area was [describe location and approval]. Defendant [received an order from / delivered alcohol to] a person who was [under 21 / intoxicated] in that area. Facts showing age or intoxication at that time: [________________________________].

☐ Other Title 12 violation. Exact section and prohibited conduct: [________________________________]. Facts showing the violation and why any statutory exception does not apply: [________________________________].

10. On or about [DATE], at approximately [TIME], as a direct and proximate result of the Recipient's intoxication from the illegally provided alcoholic beverages, the Recipient [describe injurious conduct].

11. Plaintiff suffered severe personal injuries and damages.

COUNT I — NEGLIGENT UNLAWFUL FURNISHING

12. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

13. Wyo. Stat. § 12-8-301(a) protects legal provision of alcohol; subsection (c) does not affect liability when alcohol was sold or provided in violation of Title 12.

14. Defendant violated [§ 12-6-101(a) / § 12-5-301(a)(v) / identified Title 12 section: ____] as pleaded in paragraph 9. The facts establishing the violation are [________________________________].

15. Because the pleaded provision was unlawful, § 12-8-301(a)'s protection for legal provision does not dispose of this claim. Plaintiff separately alleges that Defendant owed a duty of reasonable care under the circumstances, breached that duty by [specific conduct], and that the breach foreseeably exposed [Plaintiff / injured person] to [specific danger].

16. That breach was a proximate cause of the recipient's intoxication and of Plaintiff's injury because [describe the causal sequence, including other actors and any intervening events]. The damages are described below.

DAMAGES

17. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered:

a. Past and future medical expenses in the amount of $[____________];
b. Past and future lost wages and earning capacity in the amount of $[____________];
c. Pain and suffering, both past and future;
d. Emotional distress;
e. Loss of enjoyment of life;
f. Property damage in the amount of $[____________];
g. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant for its share of fault as determined under Wyo. Stat. § 1-1-109(e), in an amount exceeding $50,000 exclusive of court costs:

a. Compensatory damages in an amount to be determined at trial;
b. Pre-judgment and post-judgment interest;
c. Costs of suit;
d. Attorney's fees as permitted by law;
e. Such other relief as the Court deems just and proper.

OPTIONAL VERIFICATION — USE ONLY WHEN REQUIRED FOR THIS FILING

STATE OF WYOMING
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, state that the foregoing Complaint is true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], WY Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Wyoming [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Wyoming Dram Shop Law — Key Provisions

Statutory Authority: Wyo. Stat. § 12-8-301

Legal provision: Section 12-8-301(a) protects a person who legally provided alcohol from damages caused by the recipient's intoxication. Subsection (b) leaves the intoxicated person's own liability unaffected.

Unlawful provision: Section 12-8-301(c) does not affect liability when the sale or provision violated Title 12. The selected Title 12 provision, its exceptions, and the independent negligence and causation allegations still require proof. General furnishing to a person under 21 is addressed in § 12-6-101(a), with its specified relationship exceptions. Section 12-5-301(a)(v) concerns drive-in areas and also bars orders or delivery there to intoxicated persons.

Comparative Fault: Under § 1-1-109(b), claimant fault does not bar recovery if it is no more than 50% of the total fault of all actors; allowed damages are reduced in proportion to claimant fault. Each Defendant's liability is several under subsection (e).

Limitations: Section 1-3-105(a)(iv)(C) provides four years after accrual for a noncontract injury to rights that is not otherwise enumerated. Confirm claim classification, accrual, any different deadline, and tolling before filing.

Practical Considerations:

• Identify the exact prohibited sale, furnishing, order, or delivery and its context; age or intoxication alone does not identify a Title 12 violation.
• Plead duty, breach, causation, and injury separately from § 12-8-301(c)'s preservation of liability.
• A district-court jury demand must be accompanied by the Rule 38(b)(2)(A)(i) deposit: $50 for six jurors or $150 for twelve.
• Rule 11(a) generally does not require verification unless another rule or statute specifically requires it; use the optional oath block only if applicable.

Sources and References

• Wyoming Statutes, Title 12: §§ 12-8-301, 12-6-101(a), and 12-5-301(a)(v).
• Wyoming Statutes, Title 1: §§ 1-5-109, 1-1-109, and 1-3-105.
• Wyoming Statutes, Title 5: § 5-9-128(a)(i).
• Wyoming Constitution, art. 5, § 10.