In September 2013, a Harrison County Circuit Court judge dismissed a lawsuit filed against a South Mississippi bar. Gerald Jacks and Jamie Jacks successfully defended the bar owner. No appeal was filed.
The lawsuit arose out of an incident where a bar patron spent several hours drinking at the tavern and then drove himself home while intoxicated, injuring himself in a one vehicle accident.
The patron sued the bar arguing he was involuntarily intoxicated because he was so drunk he could not make a choice as to whether or not to drink alcohol. In Mississippi, there is no liability for a bar if a patron is injured as a result of serving alcohol unless the bar serves someone who is under the legal drinking age or the bar patron is involuntarily intoxicated.
The circuit judge rejected the bar patron's claims and dismissed the lawsuit finding there was no liability for the bar. The judge found there was no evidence of involuntary intoxication by the patron and thus, the bar was immune from this type of suit under Mississippi law.