J.A.J., Inc. v. Aetna Casualty & Surety Co.

NICHOLS, Justice.

Underlying this appeal is a complaint entered in Superior Court (Kennebec County) by Paul O’Neal against J.A.J., Inc., seeking damages for injuries he sustained immediately after visiting an establishment it owned and operated on Temple Street, in Waterville. As amended by him, Count I of O’Neal’s complaint alleged in pertinent part:

3. That on or about November 3, 1977, Defendant J.A.J., Inc., through its agents or employees, negligently and in violation of 28 M.R.S.A. § 1058, as amended, served Plaintiff, Paul O’Neal, intoxicating liquors while he was already in a state of…