Estate of Kelley v. Moguls, Inc.

The question certified to this Court pursuant to V.R.A.P. 5(a) is whether a licensed vendor of alcoholic beverages may be liable for injuries to and the death of an imbiber resulting from the imbiber’s driving a motor vehicle while in toxicated. This liability would arise from the vendor’s negligence in serving alcohol to someone who reasonably appeared to be under the influence of alcohol and who the vendor knew, or should have known, would soon be operating an automobile. We hold that the vendor may be liable under the facts alleged.

Plaintiff, the imbiber’s estate, concedes that the Dram…