Estates of Braun v. Cactus Pete's, Inc.

I am of the opinion that the majority errs, both in its refusal to apply Idaho law, and in its failure to further rule that under Idaho law the plaintiffs have a cause of action.

The Idaho Court of Appeals reversed and remanded the case for further proceedings by its well reasoned analysis in Estates of Braun v. Cactus Pete’s, Inc., 107 Idaho 484, 690 P.2d 939 (Ct.App.1984), stating:

Whether the vending of intoxicants was the proximate cause of damage to third parties resulting from the tortious or unlawful acts of the consumer is a determination for the jury. “We perceive no justification for…