Clark v. Inn West

WHICHARD, Justice.

Defendants seek reversal of a decision of the Court of Appeals that reversed the trial court’s order dismissing plaintiffs’ complaint for failure to state a claim upon which relief can be granted. The issue is whether the personal representative of the estate of a nineteen-year-old who consumes alcoholic beverages and dies from injuries sustained in a single-car accident may recover damages under N.C.G.S. § 18B-121 1 from the seller of the beverages. We answer in the negative, and we thus reverse the Court of Appeals.

Plaintiffs alleged the following: On 5 December 1985 Wayne…