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JOHN A. O'DELL, ADMINISTRATOR (ESTATE OF PATRICK O'DELL v. KENNETH KOZEE ET AL. (AC 31771)
DiPentima, C. J., and Beach and Bear, Js. Argued January 20--officially released May 24, 2011

(Appeal from Superior Court, judicial district of New Britain, Tanzer, J.) Elycia D. Solimene, for the appellants (defendants). Ron Murphy, for the appellee (plaintiff). Jan C. Trendowski and Mirza Refai Arefin, certified legal intern, filed a brief for the Connecticut Restaurant Association as amicus curiae. William M. Bloss and David M. Bernard filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

Opinion

BEACH, J. The defendants, Kenneth Kozee, Lori Bard and L.C.B. Entities, LLC,1 appeal from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff, John A. O'Dell, administrator of the estate of Patrick O'Dell. On appeal, the defendants claim that the court abused its discretion by (1) granting the plaintiff's motion in limine, (2) failing to instruct the jury regarding visible intoxication, (3) denying their motion to set aside the verdict and for a directed verdict and (4) making various erroneous evidentiary rulings. We agree with the defendants' third claim and, accordingly, reverse the judgment of the trial court.2 The following facts, which the jury reasonably could have found, and procedural history are relevant to the defendants' appeal. On September 5, 2006, at approximately 7 p.m., Joel Pracher drove himself and Patrick O'Dell to the Deja Vu Restaurant in Plainville. Pracher and Patrick O'Dell participated in a billiards league, and their team competed at the restaurant every other Tuesday night.3 On this particular night, Pracher had consumed five beers, two shots of alcohol and one round of blackberry brandy before approximately 11 p.m.4 Pracher admitted that his consumption of alcohol caused him to become what he considered to be ``drunk.'' Although Pracher admitted that he was drunk, he was not exhibiting any physical signs that would indicate such. For example, Pracher had no difficulty walking, he was not slurring his speech, nor did he engage in any noticeably loud or boisterous behavior. On at least one occasion, Pracher purchased an alcoholic beverage from a bartender of the restaurant while he was drunk. At approximately 12:45 a.m., Pracher and Patrick O'Dell left the restaurant. Although Pracher was too intoxicated to remember most of what occurred, he did recall that he was drunk when he left the bar, and he also remembered getting in his vehicle with Patrick O'Dell so he could give him a ride home. Pracher drove in the westbound lane on West Main Street. Approximately two miles from the restaurant, at the intersection of West Main Street and Strong Court, Pracher's vehicle collided with the left end of a box truck that was parked legally on the north shoulder of the westbound lane on West Main Street.5 The speed limit on West Main Street was thirty-five miles per hour, and Pracher was estimated to have been traveling at a speed of sixty miles per hour. The passenger side door of Pracher's vehicle was torn off upon impact, and Patrick O'Dell was ejected from the vehicle and landed in the eastbound lane of West Main Street. A tow truck traveling in the eastbound lane of West Main Street drove by almost immediately after the collision had occurred, and although it took evasive action to avoid contact, the truck ran over Patrick O'Dell's chest. He was rushed

to Hartford Hospital, but he died as a result of his injuries. A toxicology report subsequently revealed that Pracher had a blood alcohol content of 0.187 shortly after the accident had occurred. On June 4, 2007, the plaintiff filed a one count wrongful death claim alleging, inter alia, that the defendants were liable pursuant to the Dram Shop Act, General Statutes

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Connecticut Law