Klingerman v. SOL Corp. of Maine

WATHEN, Justice.

This case requires a determination of the extent of a tavernkeeper’s liability for the sale of alcoholic beverages to an intoxicated person. Three questions of first impression are presented: (1) Whether the personal representative of a decedent who died of alcohol poisoning, allegedly caused by intoxicants furnished by the defendants, may maintain a wrongful death action under the Dram Shop Act, 17 M.R.S.A. § 2002 (1983 & Supp. 1985-1986)? (2) Whether the Act is an exclusive remedy? (3) Whether, under these circumstances, any cause of action exists at common law? Plaintiff…