Grayson Fraternal Order of Eagles, Aerie No. 3738, Inc. v. Claywell

LEIBSON, Justice.

The issue in this case is whether and under what circumstances one may recover damages against a dram shop furnishing intoxicating liquor to a person actually or apparently under the influence of alcoholic beverages, who, because of his intoxicated condition, subsequently injures a third party. Otherwise stated, does a claim grounded in common law dram shop liability state a cause of action?

The trial court held that it did not, and sustained a motion to dismiss the complaint upon grounds that it failed to state a claim upon which relief can be granted. CR 12.-02. The Court of…