Rodriguez v. Goodlin beverages. Without proofs, plaintiff has no cause of 2006 WL 2390218 (N.J. 2006) action under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, commonly Ruben Almeida stabbed David Rodriguez in known as the dram shop law, for injury resulting Sherlock's Lounge & Liquors, a tavern in Atlantic from the sale of alcoholic beverages. That City. Rodriguez sued Sherlock's for injuries he Rodriguez considered Almeida to be drunk [at the sustained in the assault.... time of the altercation] would not permit a jury, No evidence is extant from which a jury could without speculating, to reasonably conclude that reasonably conclude that Almeida appeared Almeida was served while visibly intoxicated. intoxicated when he was served the alcoholic [Plaintiff's case was therefore dismissed.] CASE QUESTION 1. Why was plaintiff's opinion that his assailant was intoxicated when he hit plaintiff not sufficient evidence of the attacker's intoxication for purposes of dram shop liability