D'AMICO v. CHRISTIE


71 N.Y.2d 76 (1987)

Theodore C. D'Amico, Appellant, v. Kenneth D. Christie, Defendant, and Schlegel Corp. et al., Respondents. Sharyn Henry et al., as Executrices of Arthur B. Stockdale et al., Deceased, Appellants, v. Jessie Vann, Jr., Defendant, and Monroe Tube Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 17, 1987.


Attorney(s) appearing for the Case

Thomas G. Smith and Richard E. Alexander for appellant in the first above-entitled action.

Thomas C. Burke for Berla Galliger, respondent in the first above-entitled action.

Edward J. Burns and Thomas S. D'Antonio for Schlegel Corporation, respondent in the first above-entitled action.

Robert N. Isseks for appellants in the second above-entitled action.

Martin J. Semel for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

These appeals present the common issue whether employers or an employees' association should be liable for injuries caused by the off-premises drunk driving of adult, off-duty employees who have consumed intoxicants. We conclude that neither the Dram Shop Act nor the common law encompasses such liability.

D'Amico v Christie

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