• prepare an analysis of a fact pattern, using IRAC. The fact pattern involves the Lucky Duck bar and what is known as Dram Shop liability, which refers to liability that can be imposed against a bar when a patron served by the bar ends up hurting someone else. The main issue is whether the Lucky Duck bar can be held liable for patron Michael's actions in hitting Mindy with his car, causing her injury. To determine this, you will review the Trail v. Elk River case to determine what the rules are, then use IRAC to reach a conclusion.
• Trail v. Elk River- 286 Minn. 380 *; 175 N.W.2d 916 **; 1970 Minn. LEXIS 1234

First: review the following fact pattern:

• Steven owns a bar, The Lucky Duck. The Lucky Duck employs five bartenders, all of whom he has provided training on mixing drinks and general employment issues. It also employs a security person on weekends, when the patrons are a bit rowdier. The Lucky Duck has posted signs in the restroom giving patrons the phone number for local cab companies in the event they are too intoxicated to drink home.
• One Saturday night, Michael went to The Lucky Duck with a group of friends to celebrate his promotion. His group of friends was ordering rounds of shots from all the bartenders, and large beers all night, toasting to Michael's recent success. As the night went on, the group became more intoxicated, and rowdier. At 1am, one of the bartenders, Melissa, told Michael that it was his "last round," as he was staggering when he walked up to the bar. After finishing that beer, Michael had his friend go buy him another beer from a different bartender, Sally. Shortly after he finished his last drink, Michael decided that he was ready to head home. Security watched as Michael walked out towards the parking lot, muttering "what a drunk."
• On his way home, Michael ran a stop sign and ran into Mindy, who was driving home from a late shift as a nurse at the local hospital. Mindy was severely injured with a concussion, fractured ribs, internal bleeding, a broken arm, and lacerations to her face and hands, and contusions where her seatbelt dug into her. Mindy was forced to take several months off work to recover, and her hospital bills were large.
• Mindy sought out an attorney, who told her that she should sue Michael. Michael however, lost his job after the accident, and was drowning in debt. Therefore, the attorney told Mindy that she should also sue The Lucky Duck for overserving Michael.
• You should discuss the liability of The Lucky Duck and any potential outcome to a suit against The Lucky Duck using IRAC. You should use the case law and facts provided in your analysis.