RMB, Inc. v. Celotto

Utah Supreme Court

July 23, 2026

JSH Attorney:  Jonathan P. Barnes, Jr.

Utah Supreme Court Holds That Bars Cannot Seek Contribution from Drunk Driver Following Settlement of Dramshop Claims Brought by Accident Victim

Corbin Celotto was involved in a motor-vehicle crash with another driver. The other driver sued Celotto for negligence and recklessness, alleging that Celotto was intoxicated at the time of the crash. The other driver also sued five bars under Utah’s Alcoholic Product Liability Act, U.C.A. §§ 32B-15-101 to -302, claiming that they allegedly overserved Celotto before the crash. After two of the bars were dismissed from the lawsuit, the other driver settled his claims against Celotto and the three remaining bars.

But that settlement did not end the litigation. Two of the remaining bars—RMB, Inc. and Shaman, Inc.—sought contribution from Celotto, citing section 32B-15-302(1)(a) of the Dramshop Act, which states that “a person … against whom an award is made under this chapter[] may bring a separate cause of action for contribution against any person causing the injury and damage.”

Celotto moved for summary judgment on the contribution claims, arguing that the term “award” in the Dramshop Act’s contribution provision does not include amounts voluntarily paid pursuant to a settlement agreement. The district court agreed, granted Celotto’s motion, and dismissed the Bars’ crossclaims.

The Bars appealed. The court of appeals affirmed the district court’s interpretation of the contribution provision and its grant of summary judgment, concluding that “‘award,’ as used in section 32B-15-302(1)(a) of the Utah Code, does not extend to voluntary settlements.” RMB Inc. v. Celotto, 2024 UT App 188, ¶ 16.

Utah’s Supreme Court affirmed the court of appeals. Based on Utah Code section 32B-15-302(1)(a)’s plain language, the Court held that the Dramshop Act does not allow a party to pursue a contribution claim for amounts paid pursuant to a voluntary settlement.

Jonathan P. Barnes, Jr. is a clerkship-trained appellate lawyer with significant experience handling federal and state appeals in all types of civil litigation, including insurance bad faith, medical malpractice, governmental liability, premises liability, employment, family law, and torts. In addition to briefing and arguing appeals, Jon also assists trial counsel with crafting litigation strategy, preserving the record for appeal, and preparing and arguing complex motions.

jbarnes@jshfirm.com | 602.263.4552 | jshfirm.com/jbarnes