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HORTON v. ROYAL ORDER OF THE SUN

No. 880490.

821 P.2d 1167 (1991)

Larry HORTON, Plaintiff and Appellant, v. The ROYAL ORDER OF THE SUN, a Utah non-profit corporation, and Studebaker's, a Utah non-profit corporation, Defendants and Appellees.

Supreme Court of Utah.

December 4, 1991.

Attorney(s) appearing for the Case

Kathryn Schuler Denholm, Salt Lake City, for Horton.

Lee Anne Walker, Salt Lake City, for Royal Order of the Sun.

Shawn Draney, Salt Lake City, for Studebaker's.

ZIMMERMAN, Justice:

Larry Horton brought suit against two private clubs, the Royal Order of the Sun ("the Sun") and Studebaker's, for personal injuries he sustained as a result of his voluntary intoxication. The district court granted defendants' motions to dismiss under Utah Rule of Civil Procedure 12(b)(6). Utah R.Civ.P. 12(b)(6). Horton appeals. He argues that the Dramshop Act, found in section 32A-14-101 of the Code, provides intoxicated persons who injure themselves...

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