McGaha v. Matter

Can a licensed beer distributor who unlawfully sells beer to a minor be held liable to third persons for injuries caused by the minor’s subsequent intoxication? The trial court held that no such cause of action existed and sustained preliminary objections in the nature of a demurrer to a complaint which had failed to include an averment that the minor had been visibly intoxicated at the time of the sale. We reverse and remand for further proceedings.

The averments of the complaint are that, on November 12,1983, Louis Matter, who was then eighteen years of age, purchased a case of beer from…