A Connecticut court recently reopened part of a wrongful death lawsuit filed by the family of Nicole Silva, a woman who died in a drunk driving crash after allegedly being overserved alcohol at a work-related wine tasting. Although the restaurant where she worked was dismissed from the case due to timing and procedural issues, the court ruled that a wine distributor and its employee—who allegedly provided excessive alcohol—can still be held accountable for their role in the tragedy.
This case raises important questions that apply beyond Connecticut, including here in Pennsylvania, especially when it comes to Dram Shop Laws.
What Is Pennsylvania’s Dram Shop Law?
Pennsylvania’s Dram Shop Law holds bars, restaurants, and even private hosts legally responsible if they serve alcohol to someone who is visibly intoxicated, and that person later causes injury or death. The law allows victims—or their families—to sue for damages when alcohol service contributes to a preventable tragedy.
Under 42 Pa. C.S.A. § 497, a liquor licensee can be liable if:
- Alcohol was served to someone who was visibly intoxicated, and
- That service was a direct cause of the injuries or death that followed.
Unlike Connecticut, which limits certain claims depending on case timing and procedural requirements, Pennsylvania provides a clear legal path for victims to hold negligent alcohol servers accountable.
How This Case Relates
In Nicole Silva’s case, her estate, which is represented by Joseph R. Grippe and Frank C. Bartlett Jr. of Bartlett & Grippe LLC, claims she was overserved at a work event—possibly required by her employer—and later died in a crash with a blood alcohol level of 0.197, more than double the legal limit. The Connecticut judge ruled that even though the restaurant is off the hook, the alcohol distributor and its employee can still be sued for recklessly providing alcohol.
If a similar situation occurred in Pennsylvania, Silva’s family could likely file a dram shop claim against any party—including a restaurant, bar, or distributor—that served her while she was visibly intoxicated. Additionally, the law in Pennsylvania may not require the same procedural hurdles that initially blocked the Connecticut case.
Why It Matters
This case is a reminder that:
- Dram shop liability isn’t limited to bars—distributors, private hosts, and event organizers can also be held responsible.
- Timing and legal procedures matter, but the underlying duty of care remains central.
- In Pennsylvania, families affected by alcohol-related tragedies may have more tools to pursue justice.
If you or a loved one has been hurt due to someone being overserved alcohol, you may have a case. The team of attorneys here at Anzalone & Doyle Trial Lawyers has the knowledge and experience to help families protect their rights and hold negligent parties accountable. Contact Anzalone & Doyle Trial Lawyers today for a free consultation regarding your potential Pennsylvania Dram Shop Law or other Personal Injury Negligence case.