Torts CD week 9 - Research Paper Example

Torts CD Week 9 of Torts CD Week 9 Introduction Dram shop law establishes liability take place because of the sale of alcohol to drunken individuals who later on cause injury or death to third-parties due to the crashes related to alcohol. These laws reduce crashes related to alcohols and vary from one state to another (Anonymous, 2008). One of the cases in a Delaware state regarding the dram shop liability is “Shea v. Matassa.”FactsMr. Philip Healy consumed alcohol two times before the crash; first he consumed alcohol while he was at his sister’s home to attend the family gathering, and later on Healy consumed more alcohol when he was in a bar located at Rehoboth Beach.

Later he left the bar and crashed his car into another car at the intersection of Routes one and sixteen in which other passenger of the other car got injured (Pileggi, 2007). Later on Healy crashed his car directly with Corporal Christopher M. Shea who was at that on duty at Route one in the southbound lanes, Shea died on spot. Mrs. Shea registered her complaint against the bar and Matassa (Sister of Healy) in Delaware’s Supreme Court seeking damages for death of Corporal Shea (Pileggi, 2007).

Court DecisionAccording to Delaware Supreme court, no dram shop liability could be created in this case. Court concludes that the social policy in this case is not for the court but for the legislature (Pileggi, 2007).According to my opinion, in this dram shop liability should be created because in this case the crashed is caused by the drunken Healy and the drop shop liability is a law for such types of cases.ReferencesAnonymous. (2008). Civil Causes of Action. Retrieved from: http://definitions.uslegal.com/c/civil-causes-of-action-dram-shop-act/Pileggi, F. (2007). Dram Shop Liability.

Retrieved from: http://www.delawarelitigation.com/2007/02/articles/delaware-supreme-court-updates/dram-shop-liability-province-of-legislature/