BRIGANCE V. VELVET DOVE RESTAURANT, INC. 725 P.2d 300 (1986) CASE BRIEF

BRIGANCE V. VELVET DOVE RESTAURANT, INC.

725 P.2d 300 (1986)

NATURE OF THE CASE: Brigance (P), a minor and his father, brought an action against Velvet (D), restaurant and owner, for negligence in serving alcoholic beverages to a noticeably intoxicated person, allegedly resulting in an automobile accident causing injuries to the minor. The District Court \dismissed the complaint for failure to state a claim upon which relief could be granted, and Ps.

FACTS: D by and through its president and principal stockholder, Richard Stubbs, and employee, Jerry Rimele, served intoxicating beverages to a group of minors, including one Jeff Johnson. Ds knew Jeff Johnson drove the group to the restaurant as its employee assisted Johnson to his car upon the group's departure. Jefferson become more intoxicated then he already was when he entered the restaurant. An accident occurred and Shawn (P) was injured. The trial court dismissed the action. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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