The decision to send a lawsuit to trial which holds a restaurant partially liable in a fatal car accident is being drafted by Judge Eric M. Johnson. The case involves a 10-year-old girl who was killed in an auto accident in December when a drunk patron of the Dogfish Head collided with the car she was in. Her guardians are attempting to hold the restaurant liable for the collision. The judge’s previous decision in April declared that restaurant staff should have known the patron would drive away and potentially hurt others. In many other states, dram shop liability makes restaurants liable if they serve a patron who is obviously drunk. Since Maryland does not have this, defendants argue the restaurant is not liable. According to news reports, the guardian’s attorney Jason Fernandez of Greenberg and Bederman, LLC said that the restaurant’s attorney has made no new arguments nor presented any new facts when requesting a judgment.

37 states currently hold vendors liable for serving drunken patrons who get into a crash. The judge said that Maryland should have a similar law. But since trial courts cannot change the law directly, the judge’s gutsy decision may instead influence the jury instead.

This case could very well change Maryland law, for the better. If a restaurant chooses to continue to serve a patron that is already drunk they should be held liable. Drinking and driving is a very serious action with very real consequences. People’s lives are at risk every time someone gets behind the wheel under the influence of alcohol. We all have to work together to reduce this risk.