HRS 0281-0078 ANNOTATIONS

Law Journals and Reviews

Tort Law--Bertelmann v. Taas Associates: Limits on Dram Shop Liability; Barring Recovery of Bar Patrons, Their Estates and Survivors. 11 UH L. Rev. 277.

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55.

Johnston v. KFC National Management Co.: Employer Social-Host Liability for Torts of Intoxicated Employees. 14 UH L. Rev. 82.

Reyes v. Kuboyama: Vendor Liability for the Sale of Intoxicating Liquor to Minors under a Common Law Negligence Theory. 17 UH L. Rev. 355.

Case Notes

Licensee was under duty to take action against intoxicated person. 690 F. Supp. 910.

Person injured by intoxicated driver may recover from tavern that supplied liquor to the driver in violation of subsection (a)(2)(B). 62 H. 131, 612 P.2d 533.

Liquor consumer injured because of intoxication does not have cause of action against liquor seller for violating this section. 69 H. 95, 735 P.2d 930.

Minors voluntarily consuming alcohol are precluded from suing the commercial liquor supplier. 71 H. 524, 797 P.2d 51.

Subsection (a)(2)(A) (1989) imposes a duty to innocent third parties upon a liquor licensee who sells alcohol to a minor; the duty includes the situation where an innocent third party has been injured by an intoxicated minor other than the minor to whom liquor was sold, subject to determinations by the trier of fact on the issue of reasonable foreseeability. 76 H. 137, 870 P.2d 1281.

Patron was under the influence of liquor and disorderly; patron was a participant in altercation with defendant, and was not within class of persons protected by liquor licensing statutes; thus, court did not err in refusing to give certain instruction or to quote subsection (b)(2) in other instruction. 10 H. App. 331, 871 P.2d 1235.

Mentioned: 9 H. App. 490, 851 P.2d 332.

 

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