GRAYSON FRAT. ORDER OF EAGLES v. CLAYWELL

No. 86-SC-832-DG.

736 S.W.2d 328 (1987)

GRAYSON FRATERNAL ORDER OF EAGLES, AERIE NO. 3738, INC., Appellant, v. Patricia CLAYWELL, Individually and as Administratrix of the Estate of Jack D. Claywell; and Rick May and Larry Whitt, Appellees.

Supreme Court of Kentucky.

September 24, 1987.


Attorney(s) appearing for the Case

David R. Reeves, Grayson, for appellant.

Edwin J. Walbourn, III, Ashland, for appellee, Claywell.

Mark Webster, Hollis L. Searcy, Amshoff, Amshoff & Searcy, Louisville, for appellee, May.

Robert W. Miller, Grayson, for appellee, Whitt.


LEIBSON, Justice.

The issue in this case is whether and under what circumstances one may recover damages against a dram shop furnishing intoxicating liquor to a person actually or apparently under the influence of alcoholic beverages, who, because of his intoxicated condition, subsequently injures a third party. Otherwise stated, does a claim grounded in common law dram shop liability state a cause of action?

The trial court held that it did not, and sustained...

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