Largo Corp. v. Crespin

ERICKSON, Justice.

We granted certiorari to review the court of appeals decision in Crespin v. Largo Corp., 698 P.2d 826 (Colo.1984). We affirm, and hold that a common law negligence action may be brought against a tavern owner who sells alcohol to an intoxicated patron who thereafter injures a third party. In such an action, the defendant’s violation of section 12-47-128(1)(a), 5 C.R.S. (1985), constitutes negligence per se.

I

FACTS

On March 27, 1980, James Hauenstein, who worked in Denver, was unable to return to his home in Loveland because of blizzard weather conditions. Hauenstein checked…