Winney v. Ransom & Hastings, Inc.

This is an interlocutory appeal from the granting of defendants’ motions to dismiss by the Windham Superior Court, pursuant to V.R.A.P. 5(b). Two issues are presented for our review: first, whether the remedy provided by Vermont’s Dram Shop Act, 7 V.S.A. § 501, precludes a common law action for the negligent sale or furnishing of intoxicating liquor and second, whether such a common law action exists. We affirm.

For purposes of this appeal, we must assume as true all of the facts alleged by plaintiff in his amended complaint, and all reasonable inferences that can be drawn therefrom.…