McCall v. Villa Pizza, Inc.

WALSH, Justice:

In this appeal from the Superior Court’s grant of summary judgment in favor of a tavern owner, we again face the issue of dram shop liability under Delaware law. However, we do so in the context of the plaintiffs reliance upon the duty imposed by the Restatement (Second) of Torts § 324 upon those who have taken charge of another who is helpless. The Superior Court held that subjecting the defendant to liability in the circumstances presented here would be inconsistent with settled Delaware law declining to impose liability on tavern owners for acts committed by intoxicated…