Olsen Ex Rel. Reilly v. Copeland

The question presented by the parties on this appeal is whether a third party injured by an intoxicated person has a common-law cause of action against a tavernkeeper for the negligent sale of intoxicating beverages to a patron the tavern-keeper knew or should have known was intoxicated and who the tavernkeeper knew or should have known would be driving.

*486However, in its decision the trial court recognized that the public policy decision involved was broader than the liability of a licensed tavern operator and in so doing stated:

“. . . the time has come to object and lay to rest those social…