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68
C
ASE: 9
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Selwyn v. Ward, 879 A.2d 882 (R.I. 2005).
Rhode Island Supreme Court
Opinion written by the Honorable Justices Frank J. Williams, C.J., Maureen McKenna
Goldberg, Paul A. Suttell, and William P. Robinson, III, JJ.
The fi rst Dram Shop Act
was passed in Illinois in
1872.
The term dram shop
refers to a shop where
"spirits" are sold by the
"dram," a small unit of
liquid.
legal drinking age in Rhode Island. Andrews further testi ed that
she used the alcohol at the previous gathering to mix up a batch of
"Jungle Juice," a combination of Kool-Aid and Everclear--and le the
remaining grain alcohol in the barn. She did not purchase the bottle
for re use or " re play."
omas J. Paolino, a physician and psychiatrist, concentrating his
practice on treating substance abuse issues with teenagers, testi ed
that consumption of grain alcohol by teenagers can lead to "rapid in-
toxication" and young adults will typically engage in risky or danger-
ous behavior when severely impaired by alcohol. He further testi ed
that grain alcohol is extremely ammable and it was foreseeable that
teenagers who drink grain alcohol would o en light it on re.
e Plainti had two theories of liability for RC Liquors. First,
Negligence: e Plainti alleged that RC Liquors breached its duty of
care when it sold the grain alcohol to Lauren Andrews. Although she
admitted that the injury was not due to the intoxication of a minor,
but rather "horseplay," Selwyn argued that RC Liquors was aware, or
should have been aware that recipes and Web sites encouraged " re
play" with grain alcohol and that adolescents tend to ignite grain
alcohol. Further, the Plainti argued that RC Liquors violated the
Dram Shop Act, which supported her claim for negligence as a matter
of public policy. Second, Strict Liability: e Plainti also alleged that
selling grain alcohol to a minor was an ultrahazardous or abnormally
dangerous activity, which warranted the application of strict liability.
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