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Mary Sabo suffered injuries in an automobile accident caused by Daniel Hoag, an intoxicated driver. Hoag had just left Peoples Restaurant after having consumed a large number of drinks. Sabo sued Peoples for damages, alleging that the restaurant had violated a state statute that provided that any person who “knowingly serves” an individual who is “habitually addicted” to alcohol may be held liable for any injuries or damages caused by the intoxication of that individual.
In spite of evidence indicating that for the two years prior to the accident, Hoag had gone to Peoples twice a week and on each occasion had drunk liquor until he was intoxicated. The court held that Sabo had failed to show that Peoples had knowledge that Hoag was an alcoholic and the bar had therefore not “knowingly” served an alcohol addict.
[Sabo v. Peoples Restaurant, 591 So.2d 907 (Fla. 1991)]
Define the legal "motions" that could be used. Hint: we're talking about judgements before a trial.
What legal motion would you want to see prevail in this case?
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