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SAMSON v. SMITH

560 A.2d 1024 (1989)

Arnold D. SAMSON, Plaintiff Below, Appellant, v. Dale Robert SMITH, Defendant and Third Party Plaintiff Below, Appellee, v. BOWL-A-RAMA, INC., a Delaware corporation, Defendant and Third Party Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 26, 1989.

Attorney(s) appearing for the Case

Jeffrey M. Weiner, Wilmington, for appellant Arnold D. Samson.

Stephen P. Casarino, Tybout, Redfearn, Casarino & Pell, Wilmington, for appellee Bowl-A-Rama, Inc.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en banc.

WALSH, Justice:

This is an interlocutory appeal accepted on certification from the Superior Court, which granted one of the defendants' motion to dismiss a complaint for personal injuries. The issue presented, is whether a third party injured by the actions of an intoxicated driver has a cause of action against a tavern operator for dispensing alcoholic beverages to an intoxicated patron. The Superior Court ruled that the...

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