Summary
The Supreme Court of Nevada held that heirs of pedestrians killed by an intoxicated driver could not recover wrongful-death damages from the tavern operator that unlawfully sold liquor to the driver. The court declined to recognize a common-law tavern-keeper liability theory and held that violation of Nevada's statute prohibiting sales to intoxicated persons did not create civil liability or constitute negligence per se. The court affirmed summary judgment for the defendants.
Holdings
- Nevada common law does not impose civil liability on a tavern keeper for injuries or death caused by an intoxicated patron's conduct absent legislative creation of such liability.
- A violation of NRS 202.100 does not impose civil liability on a tavern proprietor, bartender, or person in charge, and is not negligence per se.
Questions Presented
- Whether Nevada common law recognizes a wrongful-death claim against a tavern keeper for injuries caused by a patron who became intoxicated after being served liquor.
- Whether violation of NRS 202.100, which prohibits selling intoxicating liquor to a drunk person, creates civil liability or constitutes negligence per se.
Disposition
affirmed
Cases Cited (17)
- Catrone v. 105 Casino Corp., 82 Nev. 166, 414 P.2d 106 (1966)(followed)
- Davenport v. State Farm Mutual, 81 Nev. 361, 404 P.2d 10 (1965)(followed)
- Cole v. Rush, 45 Cal. 2d 345, 289 P.2d 450 (1955)(discussed)
- Beck v. Groe, 245 Minn. 28, 70 N.W.2d 886 (1955)(discussed)
- State v. Hatfield, 197 Md. 249, 78 A.2d 754 (1951)(discussed)
- Collier v. Stamatis, 63 Ariz. 285, 162 P.2d 125 (1945)(discussed)
- Seibel v. Leach, 233 Wis. 66, 288 N.W. 774 (1939)(discussed)
- Waynick v. Chicago's Last Department Store, 269 F.2d 322 (7th Cir. 1959)(discussed)
- Rappaport v. Nichols, 31 N.J. 188, 156 A.2d 1 (1959)(discussed)
- Jardine v. Upper Darby Lodge No. 1973, 413 Pa. 626, 198 A.2d 550 (1964)(discussed)
Showing top 10 of 17.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…