Appellate Court Revives Officer’s Dram Shop & Reckless Service Claims

Dram Shop / Firefighter’s Rule

Appellate Court revives police officer’s Dram Shop and negligence claims against strip club despite firefighter’s rule and COVID-tolling dispute

A police officer was injured while responding to a disturbance at Rockstar Cabaret, where an intoxicated dancer or patron became physically combative; he brought two actions against the club operator (Clarke, d/b/a Rockstar Cabaret), the liquor permittee (W Ventures, LLC), and the allegedly intoxicated patron (Wielblad), asserting (among other claims) a Dram Shop Act count against Ventures, a count for reckless service of alcohol, negligent security, and negligent supervision. The trial court granted motions to strike the Dram Shop count as untimely under the one-year limitation in General Statutes § 30-102 and struck the reckless service and negligent supervision counts as barred by the firefighter’s rule, which generally precludes firefighters and police officers from suing over injuries arising from the very risks inherent in their work. On consolidated appeal, the Appellate Court held that the Governor’s COVID-19 executive orders tolled the applicable limitations period so that the Dram Shop claim was timely, and it further concluded that the firefighter’s rule does not bar claims based on active misconduct—stating that “we conclude that the firefighter’s rule does not bar the plaintiff’s claims for reckless service of alcohol and negligent supervision”—while affirming the striking of certain negligent-security counts as, in substance, premises-liability claims squarely within the rule. Spiotti v. Clarke, AC 47397, AC 47399 (Conn. App. Oct. 14, 2025).