Legal Opinion

Thompson v. Dewey's South Royalton, Inc.

Supreme Court of Vermont

Decided May 21, 1999No. 97-273PublishedCited by 18 opinions

1Opinion of the CourtMorse, J.

Plaintiffs instituted this action under the Dram Shop Act (DSA), 7 V.S.A. § 501, against two licensed vendors of alcoholic beverages, seeking damages resulting from an intoxicated person’s death. The trial court granted defendants’ motion to dismiss, see V.R.C.P 12(b)(6), ruling that plaintiffs, who were third persons injured as a consequence of an imbiber’s death, did not have a cause of action under the DSA. We reverse.

The salient facts pled in the complaint are as follows. See Amiot v. Ames, 166 Vt. 288, 291, 693 A.2d 675, 677 (1997) (allegations of nonmoving party must be accepted as true…

2Cases cited13 opinions

  1. Langle v. KurkulSupreme Court of Vermont · 1986
  2. Lefto v. Hoggsbreath Enterprises, Inc.Supreme Court of Minnesota · 1998
  3. Amiot v. AmesSupreme Court of Vermont · 1997
  4. Clymer v. WebsterSupreme Court of Vermont · 1991
  5. Matalavage v. SadlerAppellate Division of the Supreme Court of the State of New York · 1980

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Wesco, Inc. v. SorrellSupreme Court of Vermont · 2004
  2. Shelter Mutual Insurance Co. v. Mid-Century Insurance Co.Supreme Court of Colorado · 2011
  3. Vermont Alliance of Nonprofit Organizations v. City of BurlingtonSupreme Court of Vermont · 2004
  4. In Re LyonSupreme Court of Vermont · 2005
  5. Catamount Slate Products, Inc. v. SheldonSupreme Court of Vermont · 2003

13 more not listed; retrieve them via the Exa API.

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