HUTCHENS v. HANKINS

No. 8217SC514.

303 S.E.2d 584 (1983)

Shirley K. HUTCHENS, individually; Shirley K. Hutchens, Administratrix of the Estate of Otis Wayne Hutchens: Mark Wayne Hutchens, by and through his Guardian Ad Litem, Shirley K. Hutchens v. Cicero HANKINS and wife, Martha Hankins, T/A Younger Brothers Lounge; Donny Ray Fletcher and Weldon Everett.

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

Bethea, Robinson, Moore & Sands by Alexander P. Sands, III, Reidsville, for plaintiffs-appellants.

Benjamin R. Wrenn and Albert J. Post, Reidsville, for defendants-appellees.


JOHNSON, Judge.

The sole question presented by the motion to dismiss is whether a common law dram shop liability exists in North Carolina for injuries or death sustained by innocent third parties in an automobile collision with the customer of a tavern who was sold alcoholic beverages while in an intoxicated condition. For the reasons set forth below, we hold that a licensed provider of alcoholic beverages for on-premises consumption may be held liable for injuries...

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