No. 2 CA-CIV 3116.

122 Ariz. 567 (1979)

596 P.2d 705

Danny Allen LEWIS and Faye Lee Lewis, husband and wife, for and on behalf of Hazel Christina Lewis, Deceased, Plaintiffs/Appellants, v. Mel WOLF and Helen Wolf, husband and wife, dba Tojo's Bar, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 25, 1979.

Review Denied May 30, 1979.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C., by Burton J. Kinerk and Carter Morey, Tucson, for plaintiffs/appellants.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants/appellees.


HOWARD, Judge.

This is another one of those cases where an innocent life has been snuffed out by a drunk driver. The facts considered in the light most favorable to appellants are as follows. On April 14, 1976, Niles Barnes was a customer in Tojo's Bar. He was served alcoholic beverages despite the fact that he was visibly intoxicated. He left Tojo's in his automobile, stopped briefly at another bar and then collided head-on, at a speed in excess of...

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