Thorp v. Casey's General Stores, Inc.

SCHULTZ, Justice.

In this dramshop action we address issues of first impression concerning the constitutionality of the legislatively mandated, retrospective application of amendments to our Dramshop Act. We also address issues concerning proximate cause and the exemption of state employees from liability. We hold that federal and state due process protections void the retrospective application of the amendment which acts to deprive plaintiff of her vested rights in a cause of action against the dramshop. We further hold that the State is responsible for the acts of its employees who are not…