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ALEGRIA v. PAYONK

No. 12858.

619 P.2d 135 (1980)

101 Idaho 617

Albert I. ALEGRIA, individually and as spouse, and Raymond A. Alegria, Joseph Alegria and Isabel Bunce, as the children and heirs at law of Marie Josephine Alegria, deceased, Plaintiffs-Appellants, v. Lawrence Paul PAYONK, John Forbis and Lorene Golling, individually and as joint-venturers, partners, or d/b/a John's Barn, John Doe 1, 2, 3, 4, 5, and XYZ Corporation, Bobby Catlett and Charles Gilbert, individually and as joint-venturers, partners, or d/b/a The Office, John Doe 6, 7, 8, 9, 10, and ABC Corporation, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied November 26, 1980.

Attorney(s) appearing for the Case

Phillip M. Barber, of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for plaintiffs-appellants.

Perce E. Hall, of Hall & Friedly, Mountain Home, for defendants-respondents John Forbes and Lorene Golling.

Francis H. Hicks, of Hicks & Kevan, Mountain Home, for defendants-respondents Bobby Catlett and Charles Gilbert.

David D. Goss, of Risch, Goss & Insinger, Boise, for defendant-respondent Lawrence Paul Payonk.

DONALDSON, Chief Justice.

This case is before us on appeal from an order granting summary judgment against plaintiffs-appellants in favor of defendants-respondents liquor vendors.

On December 2, 1973, seventeen year old Lawrence Payonk consumed quantities of beer in taverns known as "John's Barn" and "The Office." Later in the evening, while driving in an allegedly intoxicated condition, Payonk collided with a car in which Marie Alegria was a passenger. Mrs...

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