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THOMPSON v. DEWEY'S SOUTH ROYALTON, INC.

No. 97-273.

733 A.2d 65 (1999)

Ken THOMPSON, Annette Potwin and Ashley and Tessa Thompson v. DEWEY'S SOUTH ROYALTON, INC., Erlina Gay Farrington, Merle Howe, Mark Nemeth, So. Royalton House, Inc., Michael Brown and Thomas Powers.

Supreme Court of Vermont.

May 21, 1999.

Attorney(s) appearing for the Case

James A. Dumont of Keiner & Dumont P.C., Middlebury, for Plaintiff-Appellant Thompson.

Michael F. Hanley and Barney L. Brannen of Plante, Hanley & Brannen, P.C., White River Junction, for Plaintiff-Appellant Potwin.

David H. Bradley and David R. Putnam of Stebbins, Bradley, Wood & Harvey, P.A., Hanover, New Hampshire, for Defendants-Appellees Dewey's South Royalton, Inc., Farrington, Howe and Nemeth.

Robert G. Cain and John G. Beiswenger of Paul, Frank & Collins, Inc., Burlington, for Defendants-Appellees South Royalton House, Inc. and Brown.

J. Christopher Callahan and Tracy Kelly of Richards and Brady, P.C., Springfield, for Defendant-Appellee Powers.

Present AMESTOY, C.J., MORSE, JOHNSON and SKOGLUND, JJ., and CORSONES, District Judge, Specially Assigned.

MORSE, J.

Plaintiffs instituted this action under the Dram Shop Act (DSA), 7 V.S.A. § 501, against two licensed vendors of alcoholic beverages, seeking damages resulting from an intoxicated person's death. The trial court granted defendants' motion to dismiss, see V.R.C.P. 12(b)(6), ruling that plaintiffs, who were third persons injured as a consequence of an imbiber's death, did not have a cause of action under the DSA. We reverse.

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