Hamm v. Carson City Nugget, Inc.

OPINION

By the Court,

Thompson, J.:

The issue on this appeal is whether the heirs of pedestrians who were killed by a car being driven by a drunken driver have a claim for relief for wrongful death against the tavern keeper who unlawfully sold liquor to the offending driver.

The district court ruled that the tavern keeper was not liable as a matter of law and entered summary judgment in his favor. That court reasoned that civil liability in this situation should be created by legislative act, if at all, and not by court pronouncement. We affirm that determination.

It is not useful to recite the…