Rambaum v. Swisher

OPINION

SIMONETT, Justice.

This case raises two issues: (1) Whether a fraternal club’s sale of liquor to a person not a member or a guest is an illegal sale under the Civil Damages Act; and (2) whether the sum paid by a settling Pier-ringer defendant applies pro tanto to reduce all of plaintiff’s award, not just the share attributable to the settling defendant’s fault. The court of appeals ruled there was an “illegal sale” and the settlement payment did not apply “pro tanto.” We affirm. We decline to reach a third issue not preserved for review.

Early in the evening of September 14, 1985, Susan…