Insurer Western Reserve Group in dram shop drama

On the night of Sept. 28, 2021, Nichole Shingler, a regular patron of The Basement, visited the bar after work. Over the course of the evening, Shingler consumed multiple alcoholic beverages, including vodka drinks, pickleback shots, and a Long Island Iced Tea. At some point, she became noticeably intoxicated, exhibiting signs such as stumbling and slurred speech. Her hair was “misplaced,” her make-up was smeared and the bartenders were certain she was drunk.

According to court records, bartender Jaco Muiter took Shingler’s car keys and gave them to another patron, identified as “Brie,” who claimed she was Shingler’s designated driver. When the bar closed, however, Shingler later drove her vehicle and crashed into the side of Sylvester’s North End Grille, causing extensive damage.

Sylvester’s, insured by Western Reserve Group, sought damages from The Basement under Ohio’s Dram Shop Act, alleging the bar continued serving Shingler despite her intoxication.

Under Ohio Revised Code R.C. 4399.18, a business with a liquor permit can be held liable for injuries or damages caused by an intoxicated person only if it knowingly sold alcohol to someone who was "noticeably intoxicated." The Basement argued that its staff ceased serving Shingler alcohol once she showed signs of impairment.

The court found that:

• Bartenders testified they did not serve Shingler alcohol after she returned from the restroom in a visibly intoxicated state.
• One bartender took proactive measures by confiscating Shingler’s car keys.
• The evidence did not confirm whether additional drinks on Shingler’s bar tab were served after she became noticeably intoxicated.

Western Reserve later attempted to introduce evidence of Shingler’s 0.291 blood alcohol level in a motion for reconsideration. However, the court rejected the motion, stating this evidence was not initially presented and was not separately assigned as an error on appeal.

With no proof that The Basement knowingly served Shingler after she was noticeably intoxicated, the court upheld the summary judgment in favor of the bar.

The ruling reinforces the strict legal standard for dram shop liability in Ohio, requiring clear evidence that a bar knowingly provided alcohol to an intoxicated patron. The decision means that Western Reserve will not recover damages from The Basement for the crash at Sylvester’s.

The judgment of the Stark County Common Pleas Court was affirmed, marking a legal victory for The Basement Sports Bar & Grill.