Opinion · Supreme Court of Arkansas
First American Bank of North Little Rock, NA v. Associated Hosts, Inc.
First Am. Bank of N. Little Rock, NA v. Associated Hosts, Inc., 292 Ark. 445 (Ark. 1987)
- Type
- Opinion
- Court
- Supreme Court of Arkansas
- Jurisdiction
- Arkansas
- Date
- 1987-06-15
- Topic
- litigation
How later courts describe this case
- where a person, attending a local bar’s happy hour, became intoxicated, and as he left the bar, he fell striking his head on the pavement which caused him serious injuries
- no first party cause of action
Citator
UpLaw has not yet analyzed First American Bank of North Little Rock, NA v. Associated Hosts, Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 12 opinions
This appeal represents yet another attack on the lack of a Dramshop Act in Arkansas, and as such, it too must fail.
On December 7, 1982, the appellant attended the “happy hour” at a local bar and dance hall where he consumed more than a dozen drinks in about three hours. The appellant left the bar in an intoxicated condition and fell backwards on the sidewalk. The appellant’s head struck the pavement, and he sustained injuries which rendered him partially paralyzed, blind in one eye, and mildly retarded.
The question presented is whether a dramshop owner or operator is liable for damages to a patron who becomes intoxicated and by reason thereof sustains injury. Our prior decisions hold that an owner of a tavern is not responsible for injuries caused to third parties by a drunk patron. See Yancey v. The Beverage House of Little Rock, Inc., 291 Ark. 217, 723 S.W.2d 826 (1987). We hold that there is no reason to favor an intoxicated patron over an innocent third party. At the common law, a tavern owner had no liability for injury to a patron or a third party. See Bolen v. Still, 123 Ark. 308, 185 S.W. 811 (1916).
We continue to defer to the General Assembly on this subject. Yancey, supra. We therefore affirm the decision of the trial court in dismissing the complaint.
Affirmed.