Opinion

Nelson v. Dunaway

  • 536 So. 2d 955
  • 1988 WL 105697
Court
Court of Civil Appeals of Alabama
Filed
Oct 12, 1988
Status
Published
Author
Holmes
On the bench
Holmes
Cited by
3 cases
Authority
More cited than 60.7%

“Evidence which affords nothing more than mere speculation, conjecture, or guess is insufficient to warrant submission of a case to a jury.”

How later courts described this case

  • “Evidence which affords nothing more than mere speculation, conjecture, or guess is insufficient to warrant submission of a case to a jury.”

Written by the judges who cited it.

The opinion

This appeal arises from the granting of a directed verdict.

As a result of an automobile accident between plaintiff and Dunaway, plaintiff sued B.J.'s Lounge (defendant-lounge), contending that the defendant-lounge dispensed alcoholic beverages to Dunaway contrary to the following regulatory provision: "No on premise licensee may serve a person any alcoholic beverage if such person is acting in such a manner as to appear to be intoxicated," Ala. Adm. Code, Vol. 1, ABC Bd., Reg. 20-X-6-.02 (4), and, therefore, was liable pursuant to the Dram Shop Act, Ala. Code (1975), § 6-5-71 .

At the close of all of the evidence, the trial court granted the defendant-lounge's motion for a directed verdict. The plaintiff appeals, and we affirm.

The plaintiff contends that the trial court erred by not submitting the case to the jury, arguing that there was a scintilla of evidence to support the dram shop claim against the defendant-lounge. We disagree.

One of the elements of a cause of action under the Dram Shop Act is that the defendant provide alcoholic beverages to the intoxicated person who caused the accident. Martin v. Watts , 513 So.2d 958 (Ala. 1987). We have carefully reviewed the record and find no evidence that the defendant-lounge provided Dunaway with any alcoholic beverages on the day in question. Therefore, the trial court was correct in granting defendant-lounge's motion for a directed verdict. Evidence which affords nothing more than mere speculation, conjecture, or guess is insufficient to warrant submission of a case to a jury. Williams v. Palmer , 277 Ala. 188 , 168 So.2d 220 (1964).

This case is due to be affirmed.

AFFIRMED.

BRADLEY, P.J., and INGRAM, J., concur.

ON APPLICATION FOR REHEARING

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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