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CLYMER v. WEBSTER

No. 88-631.

596 A.2d 905 (1991)

Adam CLYMER, Administrator of the Estate of Jane E. Clymer, Adam Clymer, Individually, and Ann F. Clymer, v. Theron C. WEBSTER, James N. Wesson, Deborah S. Wesson, Wesson's Diner, Inc., Alydia Garand, Beem, Inc., d/b/a The Rotisserie, and J. Duguay.

Supreme Court of Vermont.

June 7, 1991.

Attorney(s) appearing for the Case

William B. Gray and Peter H. Zamore of Sheehey Brue Gray & Furlong, Burlington, for plaintiffs-appellants.

Allan R. Keyes and John A. Serafino of Ryan Smith & Carbine, Ltd., Rutland, for defendants-appellees James Wesson and Alydia Garand.

Frank E. Talbott, Bret P. Powell and Chris O'Brien and M. Cecilia Whelan, Law Clerks, on the brief, of Wilson, Powell, Lang & Faris, Burlington, for defendants-appellees Beem, Inc. and Joseph Duguay.

Thomas J. Sherrer of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for defendants-appellees Deborah Wesson and Wesson's Diner, Inc.

Before GIBSON, DOOLEY and MORSE, JJ., and BARNEY, C.J. (Ret.) and SPRINGER, District Judge (Ret.), Specially Assigned.

GIBSON, Justice.

This appeal concerns the remedies available to the parents and the administrator of the estate of Jane Clymer, an adult decedent, in an action against two commercial vendors that served alcohol to a patron who thereafter drove his car and struck and killed the decedent. Plaintiffs Adam and Ann Clymer, parents of decedent, and Adam Clymer, as administrator of the estate of the decedent, appeal from a superior court order dismissing with prejudice their...

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