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HATTON v. FRATERNAL ORDER OF EAGLES

No. 16A01-8907-CV-262.

551 N.E.2d 479 (1990)

Wilma Faye HATTON, As Guardian of Paul D. King, Plaintiff-Appellant, v. FRATERNAL ORDER OF EAGLES, Aerie # 4097, Nip and Sip, Inc., Moose Lodge # 576, Gerald E. Charles, Sam Nowling, Ray Mullikin, Tom Bowerly, Fred Robinson, As a Representative Group for the Entire Membership of Fraternal Order of Eagles, Aerie # 4097, Defendants-Appellees.

Court of Appeals of Indiana, First District.

March 22, 1990.

Attorney(s) appearing for the Case

John H. Caress, John H. Caress, Jr., Indianapolis, for plaintiff-appellant.

Michael V. Gooch, Timothy J. Hulett, Harrison & Moberly, Richard A. Young, John B. Drummy, Kightlinger & Gray, Indianapolis, for defendants-appellees.

BAKER, Judge.

The dispositive issue in this appeal is one of first impression in our state. Restated, the question we must answer is whether the individual members of an unincorporated association who are not officers, directors, or specific individuals involved in a sale or serving of alcoholic beverages are individually liable to a third party who is a non-member of that association and who is injured as a proximate result of the negligent sale and serving of alcoholic...

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