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Greenwalt v. Ram Restaurant Corp6/26/2003
In response to a complaint asserting a wrongful death and negligence claim against Appellees' restaurant and bar, the district court certified a question of law concerning the constitutionality of a statute that limits a liquor vendor's liability when that vendor has legally provided alcohol to another. The statute at issue, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001), provides that no person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person. Appellants (Greenwalts) are the family of John Douglas Greenwalt (Mr. Greenwalt) and the personal representative of his estate, and they contend that this statute violates the equal protection and due process rights provided by both the United States and the Wyoming Constitutions and further violates the open courts provision found in the Wyoming Constitution.
We hold that § 12-8-301 does not infringe upon the fundamental right of access to the courts declared in Article 1, Section 8 of the Wyoming Constitution, and that § 301 does not infringe upon any other fundamental interest and does not create an inherently suspect classification as alleged by the Greenwalts. Based upon a review of § 301 under this Court's rational basis test, we conclude that § 301 does not violate the equal protection guarantees of either the United States or Wyoming Constitutions.
CERTIFIED QUESTION
Is Wyo. Stat. Ann. § 12-8-301 unconstitutional?
FACTS
Mr. Greenwalt died in a motor vehicle accident caused by Quay Sampsell. Appellee Ram Restaurant Corporation of Wyoming (Ram) operated a restaurant and bar in Cheyenne, Wyoming, called C.B. & Potts & Big Horn Brewing Company (restaurant). On the night of the accident, Sampsell purchased alcohol in the restaurant's bar, and later, while driving his vehicle, collided with Mr. Greenwalt's vehicle, killing Mr. Greenwalt. After the accident, Sampsell's blood alcohol level tested at.217. Sampsell v. State, 2001 WY 12, , 17 P.3d 724, (Wyo. 2001).
Greenwalts sued Ram for wrongful death and negligence, contending that it was the sales and service of alcohol to Sampsell that was the direct and proximate cause of Mr. Greenwalt's death. Ram filed a motion to dismiss denying liability pursuant to § 12-8-301. The parties jointly filed for certification of the constitutional issue and, on June 19, 2001, this Court granted certification of the question presented.
DISCUSSION
Parties' Contentions
Greenwalts contend that § 12-8-301 is special legislation that violates both the state and federal constitutional guarantees of equal protection, due process, and access to the courts by treating victims of liquor vendor negligence differently from all other tort victims. Greenwalts argue that this class of victims is statutorily prohibited from receiving redress in a Wyoming court of law because they believe that § 301 grants immunity to liquor vendors. Claiming that the open courts provision is violated by any statute that bars a victim of negligence from bringing suit in Wyoming courts, Greenwalts reason that the statute violates the fundamental right to access the courts and due process protections. Greenwalts further contend that by violating the fundamental right of access to courts, the legislatively created classification requires strict scrutiny review, and that review reveals that it does not serve any compelling state interest and is, therefore, unconstitutional.
In response, Ram contends that the statute is neither special legislation that provides absolute immunity to liquor vendors nor a law that abolishes a well-recognized common law cause of action.
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