McLean v. Maverik Country Stores, Inc.

EISMANN, Justice.

This is an appeal from a partial summary judgment dismissing a claim by a vehicle passenger who was injured when the intoxicated driver ran off the road in a single vehicle accident. At the time of the accident, the passenger was a minor. He and his parents brought an action against the driver and the store who sold beer to the driver, and the district court dismissed the claim against the store pursuant to Idaho Code § 23-808(4)(b). We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

On Friday, July 26, 2002, fifteen-year-old Michael McLean (Michael)…