Legal Opinion · Dissent

Delta Airlines, Inc. v. Townsend

Supreme Court of Georgia

Decided June 16, 2005No. S05G0251Published

1DissentFletcher, Chief Justice

Because the majority purports to apply a strict construction to the Dram Shop Act, but instead inserts words the legislature never intended, I dissent.

*516In 1985, this Court held that under the common law of this State, a person who furnished alcohol to a noticeably intoxicated person under the legal drinking age, knowing that the minor would soon be driving a car, is liable in tort to a third person injured by the negligence of the intoxicated minor.1 Following that decision, the legislature enacted a statute that broadened the common law remedy. Under the common law rule, no liability attached…

2Cases cited5 opinions

  1. Sutter v. HutchingsSupreme Court of Georgia · 1985
  2. Slakman v. Continental Casualty Co.Supreme Court of Georgia · 2003
  3. Riley v. H & H OPERATIONSSupreme Court of Georgia · 1993
  4. Fortner v. Town of RegisterSupreme Court of Georgia · 2004
  5. Sugarloaf Cafe, Inc. v. WillbanksSupreme Court of Georgia · 2005

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