Mark Anderson Triumphs with Snowbird Ski & Summer Resort

Mark Anderson triumphed with a win for his client Snowbird Ski & Summer Resort in a dram shop lawsuit. The plaintiffs claimed that the ski resort served too much alcohol to the three men who assaulted them, adding that the resort was negligent in maintaining a safe environment for Oktoberfest patrons. Snowbird filed a motion to dismiss all claims except the dram shop claims, and at the recent hearing Snowbird's attorney Mark Anderson argued in court that the negligence claims must be dismissed because they are pre-empted by Utah's Dram Shop Act — which imposes strict liability for establishments that sell alcohol to visibly intoxicated persons who subsequently cause death or injury to third parties. After considering the arguments of the parties, 3rd District Judge Heather Brereton granted Snowbird’s motion, and ruled that the plaintiffs could not sue for negligence, saying that all of their claims arose out of the men's intoxication.

Categories: Firm News