SPLIT DECISION–DRAM SHOP ACT: Yarbrough v. McCormick, 04-17-00283-CV

In today’s decision in Yarbrough v. McCormick, 04-17-00283-CV, the 4th Court addressed whether, under the Dram Shop Act, the appellant raised a fact issue that the appellee, a commercial provider of alcoholic beverages, encouraged its employees to over-serve patrons. The majority held the appellant did not raise a fact issue as to encouragement; the dissent-concurrence would have held the appellant raised a fact issue as to encouragement.