Page:Shannon v. Wilson.pdf/4

146 not go unrewarded, because without such inducements changes might not occur; the matter was reversed and remanded.

Appeal from Benton Circuit Court; Tom J. Keith, Judge; reversed and remanded.

The Mulkey Attorneys Group, P.A., by: Bruce L. Mulkey and Ramona G. Stein, for appellants.

Ball & Mourton, Ltd., by: Kenneth R. Mourton and Rayburn W. Green, for appellees.

Everett, Shemin, Mars & Stills, by: David D. Stills, for Amici Curiae.

W.H. "D" A, Chief Justice. This is an appeal asking us to reconsider our decisions in Carr v. Turner, 238 Ark. 889, 385 S.W.2d 656 (1965), and the line of decisions following that ruling in which we determined that there is no liability imposed upon one who sells intoxicants to minors for injuries caused by minors who became inebriated. Appellant asks us to modify our rule to allow the issue of whether the seller is negligent to go to a jury for determination. We reverse and remand holding that, under the facts which may be proved by the pleadings, a cause of action for common-law negligence against the vendor has been stated.

Marlan Dale Shannon filed suit against L.K. Wilson and Elizabeth Ashworth, individually and as partners of City Liquor in Fayetteville, for the wrongful death of his son Charles Shannon. The trial court dismissed the complaint pursuant to an Ark. R. Civ. P. 12(b)(6) motion made by appellees. Upon our review, we accept all facts alleged in the complaint as true and view them in the light most favorable to the appellant. Neal v. Wilson, 316 Ark. 588, 596, 873 S.W.2d 552, 556 (1994).

On the evening of January 28, 1995, Charles Shannon and Jarred Sparks, both aged thirteen, were passengers in a Ford pickup truck driven by David Farmer, aged sixteen. Between 7:00 p.m. and 8:30 p.m., the three boys drove up to the drivethrough window of City Liquor, located in Fayetteville, Arkansas. An employee of City Liquor sold them a six-pack of beer and a six-pack of malt liquor without asking for identification.