Seeley Ex Rel. Seeley v. Sobczak

STEPHEN L. MAXWELL, Justice.*

Plaintiffs claim that defendants sold intoxicating liquor to plaintiffs’ decedent when he was obviously intoxicated, in violation of the Civil Damage Act. The jury returned a verdict for defendants, and plaintiffs appeal, asking this court to hold that the decedent, whose blood alcohol content at the time of death was .269, was obviously intoxicated as a matter of law. We affirm.

Plaintiffs are the wife and three minor children of decedent, Douglas Seeley. Defendants are the Eagle Tavern, its owners and operators, and its insurer.

Douglas Seeley arrived at the Eagle…