The intoxicated person is primarily liable.
The tavern is only seemingly liable if a reasonable person under the same or similar circumstances should know that the person is already intoxicated at the time of serving.
The tavern will be entitled to indemnity against the intoxicated driver. Under KRS 413.241 provides that the tavern’s negligence does not proximately cause the injury thus comparative fault and apportionment are inapplicable to dram shop regarding the tavern.
Apportionment applies only to product liability under KRS 411.182.