Page:Shannon v. Wilson.pdf/12

154   to a minor, the proximate cause of any subsequent injury is an issue to be resolved by the fact finder); Louisiana: Thrasher v. Leggett, 373 So.2d 494 (La. 1979) (there should not be civil immunity for alcoholic retailers even when there is no dramshop statute); Massachusetts: Adamin v. Three Sons, Inc., 233 N.E.2d 18 (Mass 1968) (illegal sale to intoxicated person can be basis for common-law negligence claim); Michigan: Thaut v. Finley, 213 N.W.2d 820 (1973) (violation of statute for illegal sale of alcohol is negligence per se); also recognize statutory liability: Mich. Stat. Ann. § 18.993 (Callaghan 1984 Supp.); Minnesota: Trail v. Christian, 213 N.W.2d 618 (Minn. 1973) (common-law rule overruled because of change in public policy, law is not "chiseled in marble to be left unchanged"); Minnesota also recognizes statutory liability: Minn. Stat. § 340.95 (1984); Mississippi: Munford, Inc. v. Peterson, 368 So.2d 213 (Ms. 1979) (violation of a statute is negligence per se, there is no justification to exclude sellers of alcohol from this requirement); Missouri: Sampson v. W.F. Enterprises, Inc., 611 S.W.2d 333 (Mo.App. 1980) (statute prohibiting sale to minors gives rise to cause of action for civil damages); Montana: Nehring v. LaCounte, 712 P.2d 1329 (Mon. 1986) (it is foreseeable that injury can occur resulting from sale of alcohol to obviously intoxicated person); Jevning v. Skyline Bar, 726 P.2d 326 (Mont. 1986) (it is foreseeable that injury can occur resulting from sale of alcohol to minor); New Hampshire: Ramsey v. Anctil, 211 A.2d 900 (N.H. 1965) (common-law action based upon a violation of criminal statute prohibiting sale to minor; court noted this would advance protected policy of state); New Jersey: Rappaport v. Nichols, 156 A.2d 1 (N.J. 1969) (violation of criminal statute is evidence of negligence); New Mexico: Lopez v. Maez, 651 P.2d 1269 (N.M. 1982) (the breach of a statutory duty may constitute negligence); New York: Berkeley v. Park, 262 N.Y.S.2d 290 (N.Y.Supp.Ct. 1965) (liability for supplier of alcohol under both common-law theories as well as dramshop act); New York also recognizes statutory liability: N.Y. Gen.Oblig.Law § 11-101 (McKinney 1984 Supp.); North Carolina: Hutchens v. Hankins, 303 S.E.2d 584 (N.C.App. 1983) (allows persons injured a right to recover from tavern owners providing liquor to customer after proof of owner's negligence); North Carolina also recognizes statutory liability: N.C. Gen. Stat. § 18B-121 et seq. (1983); Ohio: Mason v.