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THRASHER v. LEGGETT

No. 63788.

373 So.2d 494 (1979)

Jimmy THRASHER v. Johnny LEGGETT, d/b/a Johnny Leggett's Cajun Country.

Supreme Court of Louisiana.

June 25, 1979.

Attorney(s) appearing for the Case

John T. Bennett, Riddle & Bennett, Marksville, for plaintiff-applicant.

Michael F. Kelly, Marksville, for defendant-respondent.

CALOGERO, Justice.

We granted writs in this case primarily to re-examine our holding in Pence v. Ketchum, 326 So.2d 831 (La.1976) that an alcoholic beverage retailer's sale of alcoholic beverages to an intoxicated person in violation of R.S. 26:88(2)1 gives rise to a cause of action by such a patron who suffers injuries as a result of the intoxication.2

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