Page:Shannon v. Wilson.pdf/11

Rh  found liability under similar facts. Other jurisdictions that have adopted the theory of allowing the issue of negligence to go to a jury follow: Alaska: Nazareno v. Urie, 638 P.2d 671 (Alaska 1981) (sale violating minor-sale statute is evidence of negligence for jury to examine); Arizona: Ontiveros v. Borak, 667 P.2d 200 (Az. 1983) (do not favor special rules of tort nonliability because no group should be given special privileges to negligently injure others without bearing the consequences of that act); California: Strang v. Cabrol, 691 P.2d 1013 (1984) (sale of liquor to obviously intoxicated person gives rise to liability; however, other forms of common-law civil liability are rejected); Colorado: Kerby v. Flamingo Club, Inc., 532 P.2d 975 (Colo. App. 1974) (illegal sale to minor basis for common-law negligence suit); District of Columbia: Marusa v. District of Columbia, 484 F.2d 828 (1973) (violation of a statutory duty is evidence of negligence); Florida: Davis v. Shiappacossee, 155 So.2d 365 (Fla. 1963) (illegal sale to minor evidence of negligence for jury to consider); Georgia: Sutter v. Hutchings, 327 S.E.2d 716 (Ga. 1985) (provider of alcohol is liable for injury to third party by an intoxicated person if he had knowledge that the consumer of alcohol was intoxicated at the time the alcohol was furnished; however, there is no liability for provider to consumer because consumer is solely responsible for his or her own injuries); Georgia also has dramshop act: Ga. Code § 3-3-22 (1982); Hawaii: Ono v. Applegate, 612 P.2d 533 (Ha. 1980) (modern trend and injustice of nonliability rule lead to a conclusion that a person injured by an inebriated tavern customer may recover from the tavern); Idaho: Alegria v. Payonk, 619 P.2d 135 (Idaho 1980) (situation analogous to negligent entrustment, so jury should determine whether it was proximate cause of later injuries); Illinois: Waynick v. Chicago's Last Department Store, 269 F.2d 322 (7th Cir. 1959) (sale in violation of criminal statute held to be basis for common-law negligence claim); Illinois also has dramshop act: Ill. Stat. Ann. ch. 43, § 135 (Smith-Hurd 1984 Supp.); Indiana: Elder v. Fisher, 217 N.E.2d 847 (Ind. 1966) (in the absence of a special statutory provision, the general principles of common-law negligence should be applied to cases involving intoxicating liquor); Indiana also recognizes statutory liability: Ind. Code § 7.1-5-10-15 (1982 ed.); Iowa: Lewis v. State, 256 N.W.2d 181 (Iowa 1977) (in instances involving an illegal sale of alcohol