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EMBREY v. ORTIZ

No. 85-515-Appeal.

538 A.2d 1002 (1988)

Cheryl A. EMBREY v. Richard J. ORTIZ et al.

Supreme Court of Rhode Island.

March 10, 1988.

Attorney(s) appearing for the Case

Scott Umsted, Jr., for Plaintiff.

Joseph C. Salvadore, Providence, Gregory Fater, Paul V. Reynolds, Providence, Joseph T. Houlihan, Vernon A. Harvey, for Defendant.

OPINION

KELLEHER, Justice.

The plaintiff in this dram shop dispute, Cheryl Embrey (Embrey), challenges the application of a negligence standard that holds a licensed furnisher of alcoholic beverages liable under our former dram shop law if the furnisher knew or should have known that the person served was already intoxicated. Embrey argues that a more stringent, "strict liability" standard should have applied when this case came on for trial in Superior...

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