McCLELLAND v. POST NO. 1201, VFW

Nos. 64079, 64684 and 69621.

770 P.2d 569 (1989)

Billy T. McCLELLAND and Bessie McClelland, Plaintiffs-Appellants, v. HARVIE KOTHE — ED RIEMAN, POST NO. 1201, VETERANS OF THE FOREIGN WARS OF THE UNITED STATES, INC., a corporation, Defendant-Appellee. Thomas S. ARNOLD and Vicki Arnold, individually and as parents and best friends of Gregory Arnold, a minor, Plaintiffs-Appellants, v. The MUSKET CORPORATION, d/b/a Love's Country Store (Liberal, Kansas), Defendant-Appellee. Pearl MATLOCK, individually and as administratrix of the estate of Donald Kent Matlock, deceased, Plaintiff-Appellant, v. TUMBLEWEED BALLROOM, INC., an Oklahoma corporation, Defendant-Appellee.

Supreme Court of Oklahoma.

As Corrected March 17, 1989.


Attorney(s) appearing for the Case

Patrick E. Carr, Messrs. Carr & Carr, Tulsa, for appellants, Billy T. McClelland and Bessie McClelland.

Nancy J. Siegel, Richards, Paul & Wood Tulsa, for appellee, Harvie Kothe — Ed Rieman, Post No. 1201, Veterans of the Foreign Wars of the U.S., Inc., a corporation.

Howard K. Berry, III, Berry & Berry, P.C., Oklahoma City, for appellants, Thomas S. Arnold and Vicki Arnold, individually and as parents and best friends of Gregory Arnold, a minor.

Mickey Walsh, Manners, Merz & Walsh, Oklahoma City, for appellee, The Musket Corp., d/b/a Love's Country Store (Liberal, Kansas).

R. Jay McAtee, Daniel W. Lowe, P.C., Tulsa, for appellant, Pearl Matlock, individually and as administratrix of the estate of Donald Kent Matlock, deceased.

H.M. Wyatt, III, H.M. Wyatt, III, P.C., Stillwater, and Roger R. Williams Joseph F. Clark, Jr., Williams, Clark, Baker & Earl, P.A., Tulsa, for appellee, Tumbleweed Ballroom, Inc., an Oklahoma corporation.


OPALA, Vice Chief Justice.

The issue dispositive of all three appeals is whether a claim against an alcoholic beverage vendor for harm occasioned to an intoxicated consumer or another is actionable when the injurious event occurred before the effective date of our pronouncement in Brigance v. Velvet Dove Restaurant, Inc. [Brigance I].1 We now grant certiorari in all three cases,...

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