Brinkerhoff v. Forsyth

HALL, Chief Justice:

Plaintiffs appeal from an order granting summary judgment for defendant Forsyth. The dispositive issue on appeal is whether defendant is subject to liability under Utah’s Dram Shop Act, Utah Code Ann. §§ 32-11-1 to 32-11-2 (Supp.1983) (repealed and reenacted 1985). 1

On the evening of July 21,1984, Forsyth, in his employment as a bartender at the Camp Williams NCO Club, served intoxicating liquor to defendant Aerts. Upon leaving the Club in his vehicle, Aerts struck and killed Jacquelyn Brinkerhoff. Plaintiffs’ complaint sought damages against Aerts for negligent operation…