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Martin v. Wanda's9/13/2000
Appeal from the Iowa District Court for Polk County, Jack D. Levin, Judge.
The plaintiffs appeal from a district court ruling granting summary judgment in favor of the defendant dram shop in their personal injury action. AFFIRMED.
Plaintiffs Brian K. Martin and Melissa A. Martin appeal from a district court ruling granting summary judgment in their personal injury action in favor of defendant Wanda's, Inc., a dramshop. The Martins contend the district court erred in dismissing the case based on its conclusion there were no genuine issues of material fact as to whether Wanda's "sold" intoxicating liquor to the business's owner within the meaning of the dramshop act, Iowa Code section 123.92 (1997). They also contend there were genuine factual issues as to whether the defendant "served" the owner or knew or should have known the owner would become intoxicated. We affirm.
I. Background Facts and Proceedings.
Wanda Chambers is the owner and president of a corporation known as Wanda's, Inc. The corporation owns "Wanda's," a bar located in Des Moines, Iowa. On November 5, 1997, Chambers arrived at the bar at about 10:00 a.m. She prepared food for a taco bar to be served to customers and was available to serve as "backup" to Marlene Forsberg, the bartender on duty that day.
Chambers testified she drank three or four drinks containing vodka and Seven-Up while working at Wanda's on the day in question. Chambers testified she either served herself or was served by Forsberg. Forsberg denied she served drinks to Chambers that day, and testified Chambers typically mixed her own drinks at the bar. It is undisputed Chambers did not put money in Wanda's cash register to pay for the drinks she consumed. Around 4:00 p.m., Chambers left Wanda's and drove to Prairie Meadows where she gambled and consumed additional alcoholic drinks. After leaving Prairie Meadows, and while driving en route to her home, Chambers attempted a left turn in front of the Martins' oncoming motorcycle. The vehicles collided causing injuries to the Martins. Chambers's blood alcohol was measured at .184 at 10:11 p.m.
The Martins sued Chambers, Wanda's, and the Racing Association of Central Iowa d/b/a Prairie Meadows for personal injuries and property damage resulting from the incident. The district court granted Wanda's motion for summary judgment on the dramshop claim against the bar.
II. Standard of Review.
Our standard of review is for errors at law. Bennett v. MC #619, Inc., 586 N.W.2d 512, 516 (Iowa 1998). Summary judgment may be entered if the record shows "no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." Iowa R. Civ. P. 237(c). Thus, "we examine the record before the district court to decide whether a genuine issue of material fact exists and whether the court correctly applied the law." Benavides v. J.C. Penney Life Ins. Co., 539 N.W.2d 352, 354 (Iowa 1995). In doing so, we view the record in the light most favorable to the party opposing summary judgment. Anderson v. Miller, 559 N.W.2d 29, 31 (Iowa 1997).
III. The "Sale" Requirement.
Our dramshop statute provides, in relevant part:
Any person who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for all damages actually sustained, severally or jointly, against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any beer, wine, or intoxicating liquor to the intoxicated person when the li
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