Tesler v. Johnson

The plaintiff, Rochelle P. Tesler, as executrix of the estate of Michael A. Tesler, instituted this wrongful death action against the defendants Gary Johnson, Randolph T. Johnson and Captain Dick’s Saloon Cafe, Inc., for their alleged wanton and reckless conduct in serving alcohol to an intoxicated person.1 The defendants appeal from the judgment rendered upon a jury verdict in favor of the plaintiff.

The defendants challenge the trial court’s failure (1) to explain the concept of proximate cause to the jury, and (2) to instruct the jury properly on the calculation of damages for loss of…