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Lopez v. Maez

New Mexico Supreme Court
98 N.M. 625, 651 P.2d 1269 (1982)

Written by Jamie Milne, JD

Facts

Drunk driver Steven Maez (defendant) struck a vehicle driven by Garcedon Lopez (plaintiff), killing Lopez’s wife and two of his children, and injuring Lopez and his three other children. When Lopez sued Maez for damages, he added Alfonso Martinez (defendant) to the suit. He argued that Martinez, who was a liquor licensee operating a local bar, was jointly and severally liable for damages because Martinez had sold liquor to Maez when Maez was already visibly intoxicated. Based on New Mexico precedent, the trial court dismissed Lopez’s claim against Martinez on the basis that a tavernkeeper was not liable to third parties for injuries resulting from a negligent sale of liquor to intoxicated patrons. The state appellate court affirmed. The New Mexico Supreme Court granted review to consider the ongoing viability of the existing rule regarding tavernkeeper liability.

Rule of Law

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Issue

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Holding and Reasoning (Riordan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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