Nelson v. Steffens
This text of 365 A.2d 1174 (Nelson v. Steffens) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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The complaint in this action, in the fourth count, alleges a cause of action in common-law negligence. The facts alleged are that the plaintiff’s decedent, Dane Clark, and her other son, plaintiff Timothy Clark, were passengers in a motor vehicle operated by Peter DeLise when the vehicle went out of control and struck two trees off route 145 in Westbrook. Dane and Timothy Clark suffered serious injuries from which Dane ultimately died and from which Timothy continues to suffer. [358]*358A short time prior to the accident DeLise, a minor, was a patron in the defendant’s establishment where DeLise was sold liquor while he was intoxicated. It is further alleged that the occurrence was due to the negligence of the defendant in that: he served intoxicating liquor to DeLise causing DeLise to become intoxicated, knowing that he was a minor and that he intended to drive from the defendant’s establishment; he violated state laws in serving liquor to a minor, a consequence of which was intoxication ; and he violated state laws in serving liquor to a minor after he had become intoxicated. The defendant demurred to this count because it stated a cause of action not recognized at common law. The court sustained the demurrer and the plaintiffs have appealed.
In Nolan v. Morelli, 154 Conn. 432, 226 A.2d 383, this state followed the common-law rule regarding the issue of liability of a vendor of intoxicating liquors to one who has suffered injury or damage caused by the intoxication of the purchaser of the liquor. It was therein stated (p. 436): “At common law it was the general rule that no tort cause of action lay against one who furnished, whether by sale or gift, intoxicating liquor to a person who thereby voluntarily became intoxicated and in consequence of his intoxication injured the person or property either of himself or of another. The reason generally given for the rule was that the proximate cause of the intoxication was not the furnishing of the liquor, but the consumption of it by the purchaser or donee. The rule was based on the obvious fact that one could not become intoxicated by reason of liquor furnished him if he did not drink it. . . . [45 Am. Jur. 2d, Intoxicating Liquors, §§ 553-555]; 48 C.J.S. 716, Intoxicating Liquors, § 430; see note, [359]*35954 A.L.R.2d 1152. Although this court has not had occasion directly to approve the common-law rule, it has given strong intimation of a recognition of the rule in Pierce v. Albanese, . . . [144 Conn. 241, 249, 129 A.2d 606, appeal dismissed, 355 U.S. 15, 78 S. Ct. 36, 2 L. Ed. 2d 21], and London & Lancashire Indemnity Co. v. Duryea, 143 Conn. 53, 59, 119 A.2d 325. And the Superior Court directly adopted the common-law rule in Noonan v. Galick, 19 Conn. Sup. 308, 310, 112 A.2d 892.” Adherence to the common-law rule was again expressed in Moore v. Bunk, 154 Conn. 644, 647, 228 A.2d 510. See also 75 A.L.R.2d 833. The Nolan case traced the origin of General Statutes § 30-102, commonly called the dram shop act, to its origin in 1872 when it was first enacted to overcome to some extent the overly harsh common-law rule.1 The statute did not abrogate any [360]*360common-law remedy, which, under any circumstances, could otherwise exist against a seller, as such, of intoxicating liquor. Nolan v. Morelli, supra, 439 n.2, 441-44. Its purpose was to provide a cause of action to one injured by an intoxicated person against a vendor when it is shown that there was (1) a sale of intoxicating liquor (2) to an intoxicated person (3) who, in consequence of such intoxication, causes injury to the person or property of another. London & Lancashire Indemnity Co. v. Duryea, supra, 57. It, therefore, requires no causal relation between the sale and the injury. Pierce v. Albanese, supra, 246.
The plaintiffs recognize that the settled law in this state and in the majority of jurisdictions is the common-law rule. They claim, however, that the “modern trend” is to impose liability on the seller. They reason that if a jury finds that an unlawful sale was negligent, then it could reasonably find that the seller’s negligence was a substantial factor in the plaintiff’s injury or damage. The cases of Nolan v. Morelli, supra, and Moore v. Bunk, supra, declare that, as a matter of law, the negligent act of a seller or donor of intoxicating beverages is not a substantial factor in the plaintiff’s injury. It is noteworthy that most of the cases cited by the plaintiffs in support of their claims are from jurisdictions where there is no dram shop act or where such an act does not have extraterritorial effect.
For over one hundred years, except for those years when the eighteenth amendment to the federal constitution was in effect, this state has determined by its adherence to the common-law rule, as modified by the dram shop act, that the reasoning by both the courts and the legislature was best suited [361]*361and was in the best interests of the citizens of this state. There is no compelling reason advanced by these plaintiffs as to why the common-law rule should be abrogated. It appears that an important purpose of their request is that they not be limited in their recovery by the ceiling in the dram shop act.2 Changing the limitation is a matter for the legislature. If the damage limitation is inadequate, then the proper remedy is to increase the statutory limitation by legislative enactment rather than by overturning established judicial principles and precedents. The court was not in error in sustaining the demurrer to the fourth count of the complaint.
There is no error.
In this opinion House, C. J., Longo and Barbes, Js., concurred.
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365 A.2d 1174, 170 Conn. 356, 1976 Conn. LEXIS 1030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-steffens-conn-1976.