Wright v. Moffitt

DUFFY, Justice:

The issue on appeal is whether a “Dram Shop” 1 patron who purchases alcoholic liquor from a tavern operator has a cause of action against the vendor for personal injuries resulting from the patron’s voluntary intoxication. ’

We conclude that such a cause of action does not exist in this State under either the common law or present Statutes and, therefore, the judgment of the Superior Court dismissing the complaint must be affirmed.

I

In testing a motion to dismiss a complaint for failure to state a claim for relief, all well-pleaded allegations are, of course taken as true. 2…