BUILD IT AND THEY WILL DRINK v. STRAUCH

No. 09SC1011.

253 P.3d 302 (2011)

BUILD IT AND THEY WILL DRINK, INC., d/b/a Eden Nightclub, and Rodney Owen Beers, Petitioners v. Michael Alan STRAUCH, Respondent.

Supreme Court of Colorado, En Banc.

June 6, 2011.


Attorney(s) appearing for the Case

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory , Englewood, Colorado, Harris, Karstaedt, Jamison & Powers, P.C., Steven R. Helling , Colorado Springs, Colorado, Attorneys for Petitioner Build It and They Will Drink, Inc., d/b/a Eden Nightclub.

Wills & Adams, LLP, Wm. Andrew Wills, II , John S. Pfeiffer , Colorado Springs, Colorado, Attorneys for Respondent.

Campbell, Latiolais & Ruebel, P.C., Casey A. Quillen , Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

No appearance by or on behalf of Rodney Owen Beers.


Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

In this case, we address Colorado's dram-shop-liability statute, section 12-47-801, C.R.S. (2010). The dram-shop statute provides the sole means for someone injured by an intoxicated person to obtain a remedy from the vendor who sold or provided alcohol to the intoxicated person. Section 12-47-801 abolishes any common law cause of action against a vendor of alcohol while simultaneously...

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