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WINCHENBACH v. STEAK HOUSE, INC.

430 A.2d 45 (1981)

Robert WINCHENBACH et al. v. STEAK HOUSE, INC. v. Stephen B. RHOADES.

Supreme Judicial Court of Maine.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Strout, Payson, Pellicani, Cloutier, Hokkanen & Strong, Robert J. Levine, Joseph M. Cloutier, Rockland, for plaintiffs.

Berman, Berman & Simmons, P. A., William Robitzek (orally), John E. Sedgewick, Jack H. Simmons, Lewiston, for Steak House.

Malcolm L. Lyons (orally), Augusta, for Rhoades.

Before WERNICK, GODFREY, NICHOLS, GLASSMAN and CARTER, JJ.

GODFREY, Justice.

In October of 1977, the plaintiffs brought an action against Steak House, Inc., pursuant to 17 M.R.S.A. § 2002 (1964), the "Dram Shop Act."1 They alleged that Steak House had contributed to the intoxication of one Stephen B. Rhoades who, while thus intoxicated, caused injury to the plaintiffs. Thereupon Steak House, claiming that Rhoades was the "sole and proximate cause" of the plaintiffs' injuries, brought a third...

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