Wine Server Defends Against Liability in Fatal Drunk Driving Crash After Work Event - Insurance Claims News Article

Wine Server Defends Against Liability in Fatal Drunk Driving Crash After Work Event

Friday, August 1st, 2025 Insurance Industry Legislation & Regulation Liability Litigation

The ongoing legal battle over a fatal drunk driving incident following a work event has taken a new turn in Connecticut. Nicole Silva, who died after crashing her vehicle post-wine tasting, had her estate file suit against the server and liquor distributor who allegedly over-served her at a mandatory company event. The estate claims Silva was ‘obviously intoxicated’ yet continued to be served alcohol, and that the server knew she would be driving home.

The server, Jason Kelley, and his employer Hartley & Parker LLC (now Martignetti Companies), deny wrongdoing. They assert Silva made the voluntary decision to drink excessively and drive, emphasizing that she alone was responsible for her death due to violating multiple traffic laws and acting recklessly. This defense highlights the broader legal debate around liability in alcohol-related incidents involving the person who consumed the alcohol.

Previously, a judge dismissed claims against the restaurant that hosted the event, citing state law that does not allow an intoxicated individual to sue for negligent alcohol service. However, the court has reopened the case against the servers to examine their role more closely. That portion is now proceeding, with Kelley and his employer formally arguing they owed no additional duty to Silva.

This case underscores ongoing questions about employer events involving alcohol, liability boundaries for servers, and the interpretation of dram shop laws, particularly when the intoxicated individual is also the injured party. The final outcome could have implications for liability in similar workplace-related events across various jurisdictions.


External References & Further Reading
https://www.claimsjournal.com/news/national/2025/08/01/332128.htm
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