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ANDERSON v. MOULDER

No. 19246.

394 S.E.2d 61 (1990)

David S. ANDERSON, Administrator of the Estate of Sean David Anderson, Deceased, Plaintiff, v. David Scott MOULDER, Mercer Wholesale Company, a West Virginia Corporation, and William R. Keesee, III, Defendants. and David S. ANDERSON, Administrator of the Estate of Sean David Anderson, Deceased, Plaintiff, v. David Scott MOULDER, Defendant and Third-Party Plaintiff, v. MERCER WHOLESALE COMPANY, a West Virginia Corporation, Third-Party Defendant.

Supreme Court of Appeals of West Virginia.

May 18, 1990.

Attorney(s) appearing for the Case

Anthony R. Veneri, Princeton, for David S. Anderson.

Ben B. White, III, Princeton, for David Scott Moulder.

David L. White, Sanders, Watson & White, David Katz, Bluefield, for William R. Keesee, III and Mercer Wholesale Co.

MILLER, Justice:

This case comes before us upon certified questions from the Circuit Court of Mercer County pursuant to W.Va. Code, 58-5-2 (1967) and Rule 3(b) of the West Virginia Rules of Appellate Procedure. The principal issue is whether the sale of beer to a minor by a licensed vendor gives rise to a civil action against such vendor for injuries suffered by the underage purchaser as a result of his own or another's...

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