Delfino v. Griffo, et. al.

This is a dram shop case brought by Gina Delfino, Individually, and as Personal Representative of the Estate of Manuel Delfino, and as Parent and Next Friend of Domonic Sena and Gabriel Delfino, Minors, and Domonic Sena, Individually against various taverns and bars, and pharmaceutical companies and representatives, who had “wined and dined” representatives of a doctor’s office over at least a six hour period of time, during which one of the representative accompanied the doctor’s employee to at least three different taverns or bars. The doctor’s representative later crashed into Ms. Delfino’s car tragically killing Manuel Delfino. Various claims were resolved against various bars and the driver intoxicated driver.

The trial court dismissed the complaint against the pharmaceutical defendants finding the pharmaceutical representatives did not owe a duty to Ms. Delfino, or her decedent, Manual Delfino, because the pharmaceutical defendants entertained and “wined and dined” the doctor’s representative at licensed liquor taverns.

The New Mexico Supreme Court reversed the trial court’s decision and re-instated Ms. Delfino’s case, finding that a duty existed, and the case subsequently settled for a confidential amount. This is a published opinion. Delfino v. Griffo, 2011-NMSC-015, 150 N.M.97, 257 P.3d 917 (2011).