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Great Central Ins. Co. v. Tobias6/8/1988
Drug to Another (1980), 97 A.L.R. 3d 528, 566-572.
Such an approach avoids the need to wrangle over the definition of "sale," the scope of duty owed by the proprietor of a commercial establishment, and the issues which are raised by interpretation of the Dram Shop Act.
I especially take issue with the majority when it acknowledges the statistics relating to vehicular accidents and injuries occasioned by the consumption of alcohol, but concludes that such is a concern for the legislature rather than the courts.
We are dealing here with principles of the common law of torts, the traditional domain of the courts. I see no reason to abdicate our responsibility under the guise of a let-the- legislature-do-it philosophy.
DOUGLAS, J., concurs in the foregoing dissenting opinion.
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