Court upholds DWI case dismissal | Arkansas Blog

Thursday, January 14, 2010

Court upholds DWI case dismissal

Posted By on Thu, Jan 14, 2010 at 12:14 PM

The state Supreme Court today upheld dismissal of a family's claim for damages against a Henderson State University fraternity that sponsored and charged admission to a Hot Spring County keg party in 2005. A drunk driver who'd been at the party caused a wreck that killed him and injured members of a family in another car. The injured family previously reached a settlement with the estate of the driver.

The Supreme Court affirmed that Arkansas law says a social host is not an Arkansas alcohol retailer and thus cannot be held liable for actions by a person legally able to possess alcohol who received drinks at its party. The court has held that alcohol retailers can be held liable for selling to minors or intoxicated persons.

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