McClellan v. Tottenhoff

In this case, the majority opinion contends two separate grounds exist for finding liability on the part of appellees for injury to person or property which was occasioned by one to whom appellees furnished alcoholic liquor or malt beverages: (1) based on statutorily imposed liability under §§ 12-5-301(a)(v) and 12-6-101(a), W.S.1977,1 and (2) based on common law pursuant to § 8-1-101, W.S.1977.2

I disagree.

STATUTORILY IMPOSED LIABILITY

The majority opinion contends that the legislature intended the provisions of §§ 12-5-301(a)(v) and 12-6-101(a) to operate for the protection of the general…