BRINKERHOFF v. FORSYTH

No. 870364.

779 P.2d 685 (1989)

Morris BRINKERHOFF, et al., individuals and heirs of the Estate of Decedent Jacquelyn Brinkerhoff, Plaintiffs and Appellants, v. Allen FORSYTH, Walter K. Christensen, Conrad Christensen, and Alexander J. Aerts, Defendants and Appellees.

Supreme Court of Utah.

September 7, 1989.


Attorney(s) appearing for the Case

D. Aron Stanton, Salt Lake City, for plaintiffs-appellants.

Carman E. Kipp, Robert H. Rees, Salt Lake City, for defendants and appellees.


HALL, Chief Justice:

Plaintiffs appeal from an order granting summary judgment for defendant Forsyth. The dispositive issue on appeal is whether defendant is subject to liability under Utah's Dram Shop Act, Utah Code Ann. §§ 32-11-1 to 32-11-2 (Supp. 1983) (repealed and reenacted 1985).1

On the evening of July 21, 1984, Forsyth, in his employment as a bartender at the Camp Williams NCO Club, served intoxicating liquor...

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