Snyder v. Davenport

SCHULTZ, Justice.

The sole issue presented in this appeal is whether the dram shop civil liability statute, section 123.92, The Code, usurps a common-law negligence action against a dram shop licensee grounded on the sale of intoxicants to an intoxicated person in violation of section 123.49(1). This issue arose when plaintiff, Letha Jean Snyder, was injured in an accident in which a vehicle driven by the defendant, Merlin Gene Davenport, collided with the rear of Snyder’s automobile.

In their suit against Davenport based on negligence and recklessness, Letha and her husband, Addison Snyder,…