Fort Mitchell Country Club v. LaMarre
Annotate this CaseTimothy and Theresa LaMarre and their two children filed a personal injury action against Michael and Kimberly Plummer and the Fort Mitchell Country Club after a golf cart Mr. Plummer was driving accelerated while Mr. LaMarre was attempting to take his seat, resulting in serious injuries to Mr. LaMarre. The suit alleged the Club was liable for Mr LaMarre's injuries as a result of Mr. Plummer's negligence in driving a golf cart while intoxicated. The trial court granted summary judgment for the Club, finding that the Dram Shop Act applied and shielded the Club from any liability in the matter. The court of appeals reversed. The Club sought discretionary review. The Supreme Court reversed the decision of the court of appeals and reinstated the circuit court's summary judgment order, holding that because the Club held an alcohol license under Kan. Rev. Stat 243.030, it was not liable for Mr. Plummer's negligence unless one of the stated exceptions under the Act was met, and none of the exceptions were met in this case.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.