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STRAUCH v. BUILD IT

No. 08CA2241.

226 P.3d 1235 (2009)

Michael Alan STRAUCH, Plaintiff-Appellant, v. BUILD IT and They Will Drink, Inc., d/b/a Eden Nightclub, and Rodney Owen Beers, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

October 29, 2009.

Attorney(s) appearing for the Case

Wills & Adams, LLP, Wm. Andrew Wills, II, Colorado Springs, Colorado, for Plaintiff-Appellant.

Harris, Karstaedt, Jamison & Powers, PC, A. Peter Gregory, Englewood, Colorado; Harris, Karstaedt, Jamison & Powers, PC, Steven R. Helling, Colorado Springs, Colorado, for Defendants-Appellees.

Opinion by Judge CONNELLY.

Plaintiff, Michael Alan Strauch, sued a nightclub and its owner (Build It & They Will Drink, Inc., doing business as Eden Nightclub, and Rodney Owen Beers) for having served a visibly intoxicated patron who later stabbed plaintiff. The legislature has abolished common law tort actions in this area but has imposed limited liability upon alcohol vendors for injuries caused to third parties by their intoxicated patrons. § 12-47-801...

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