Berte v. Bode

LAVORATO, Chief Justice.

In this dramshop action, the district court denied the dramshop defendant’s motion for summary judgment. The defendant admitted for the purposes of the motion that it sold and served alcoholic beverages to a patron, and as a result the patron became intoxicated. It is undisputed that shortly thereafter the intoxicated patron raped and killed another patron. In its motion, the defendant contended that the intoxicated patron’s actions in raping and killing the other patron was, as a matter of law, an intervening and superseding cause thereby relieving it of any liability…