Legal Opinion

Overbaugh v. McCutcheon

West Virginia Supreme Court

Decided July 11, 1990No. 19195PublishedCited by 16 opinions

1Opinion of the Court

WORKMAN, Justice:

This action is before the Court upon certified questions from the Circuit Court of Nicholas County. The questions certified by the lower court include:(1) Whether a host who gratuitously serves liquor to an adult social guest knowing both that the guest is intoxicated and will thereafter be operating a motor vehicle, is liable for injuries inflicted on a third party as a result of the negligent operation of a motor vehicle by the adult guest when such negligence is caused by intoxication?(2) Whether an employer who gratuitously serves liquor to an adult employee at an…

2Cases cited33 opinions

  1. Otis Engineering Corp. v. ClarkTexas Supreme Court · 1983
  2. D'Amico v. ChristieNew York Court of Appeals · 1987
  3. Kelly v. GwinnellSupreme Court of New Jersey · 1984
  4. Ling v. Jan's LiquorsSupreme Court of Kansas · 1985
  5. Hamm v. Carson City Nugget, Inc.Nevada Supreme Court · 1969

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3Cited by16 opinions

  1. Courtney v. CourtneyWest Virginia Supreme Court · 1991
  2. Ferreira v. StrackSupreme Court of Rhode Island · 1995
  3. Mosko v. Raytheon Co.Massachusetts Supreme Judicial Court · 1993
  4. Hickingbotham v. BurkeSupreme Court of New Hampshire · 1995
  5. Haba v. Big Arm Bar and Grill, Inc.West Virginia Supreme Court · 1996

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