James by and Through James v. Najor

Supreme Court of Alabama

James by and Through James v. Najor

575 So. 2d 1105, 1991 Ala. LEXIS 177, 1991 WL 37597

CourtSupreme Court of Alabama

DecidedMarch 1, 1991

Docket89-1842

StatusPublished

This text of 575 So. 2d 1105 (James by and Through James v. Najor) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James by and Through James v. Najor, 575 So. 2d 1105, 1991 Ala. LEXIS 177, 1991 WL 37597 (Ala. 1991).

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Opinion

STEAGALL, Justice.

Richard Gregory James, Jr., and Bruce Dalton James, minors, appeal, by and through Louise James and Carin James, their grandmother and mother, respectively, from the summary judgment entered in favor of Cheryl S. Najor, doing business as Ole Willie’s Place, in their suit against Na-jor, pursuant to Ala.Code 1975, § 6-5-71, the Alabama Dram Shop Act, for damages for the death of their father. The issues they raise are (1) whether they are parties protected by § 6-5-71 and, therefore, entitled- to sue under that statute, and (2) whether the voluntary intoxication of their father precludes their suit.

[1106]*1106We decided the first issue in the affirmative recently in James v. Brewton Motel Management, Inc., 570 So.2d 1225 (Ala.1990). We also held that the voluntary intoxication of the deceased is not a defense to an action brought by the deceased’s minor children under the Dram Shop Act. The parties agree that that case is controlling.

Because the issues raised in this case are identical to those we decided in James v. Brewton Motel Management, Inc., supra, and because we decline to reconsider our holdings in that case, the judgment in this case is due to be reversed.

REVERSED AND REMANDED.

HORNSBY, C.J., and ALMON, ADAMS and INGRAM, JJ., concur.

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STEAGALL, Justice.

Richard Gregory James, Jr., and Bruce Dalton James, minors, appeal, by and through Louise James and Carin James, their grandmother and mother, respectively, from the summary judgment entered in favor of Cheryl S. Najor, doing business as Ole Willie’s Place, in their suit against Na-jor, pursuant to Ala.Code 1975, § 6-5-71, the Alabama Dram Shop Act, for damages for the death of their father. The issues they raise are (1) whether they are parties protected by § 6-5-71 and, therefore, entitled- to sue under that statute, and (2) whether the voluntary intoxication of their father precludes their suit.

[1106]*1106We decided the first issue in the affirmative recently in James v. Brewton Motel Management, Inc., 570 So.2d 1225 (Ala.1990). We also held that the voluntary intoxication of the deceased is not a defense to an action brought by the deceased’s minor children under the Dram Shop Act. The parties agree that that case is controlling.

Because the issues raised in this case are identical to those we decided in James v. Brewton Motel Management, Inc., supra, and because we decline to reconsider our holdings in that case, the judgment in this case is due to be reversed.

REVERSED AND REMANDED.

HORNSBY, C.J., and ALMON, ADAMS and INGRAM, JJ., concur.

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575 So. 2d 1105, 1991 Ala. LEXIS 177, 1991 WL 37597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-by-and-through-james-v-najor-ala-1991.

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