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DUNAWAY BY DUNAWAY v. Fellous

Citations: 842 S.W.2d 166; 1992 WL 321415Docket: 61237

Court: Missouri Court of Appeals; November 9, 1992; Missouri; State Appellate Court

Narrative Opinion Summary

In Robert W. Dunaway, Jr. et al. v. Marion Fellous et al., the Missouri Court of Appeals affirmed the trial court's dismissal of a negligence claim involving dram shop liability. The plaintiffs alleged that a tavern owned by the Fellouses served alcohol to an individual, Rudy Sample, who subsequently caused an automobile accident in Illinois. The plaintiffs filed a petition in Missouri invoking both Illinois and Missouri dram shop laws. The trial court dismissed the action, ruling that the petition duplicated an ongoing Illinois case and failed to state a claim against the tavern owner. On appeal, the court considered whether Missouri or Illinois law applied, ultimately favoring Missouri law based on the principal contacts rule from § 145 of the Restatement (Second) on Conflicts of Law. The court emphasized Missouri's policy under § 537.053, which places liability on the intoxicated driver rather than the alcohol provider, aiming to prevent unnecessary litigation against tavern owners. The court found Missouri's policy interests more compelling than Illinois' and concluded that applying Illinois law would undermine Missouri's policies and judicial efficiency. Consequently, the court upheld the dismissal of the appellants' claim under the Illinois Dram Shop Act, maintaining that Missouri law governs the case, barring exceptions not applicable here.

Legal Issues Addressed

Choice of Law in Tort Cases

Application: Missouri applies the principal contacts rule from § 145 of the Restatement (Second) on Conflicts of Law, determining that tort rights and liabilities are governed by the law of the state with the most significant relationship to the issue and parties involved.

Reasoning: Missouri employs the principal contacts rule from § 145 of the Restatement (Second) on Conflicts of Law, which states that tort rights and liabilities are governed by the law of the state with the most significant relationship to the issue and parties involved.

Conflict of Laws

Application: The court analyzed the conflict of laws and determined that Missouri's policy of attributing liability to the intoxicated driver was more significant than Illinois' policy under its Dram Shop Act.

Reasoning: Missouri's policy of attributing culpability to the intoxicated driver is deemed more significant.

Dram Shop Liability under Missouri Law

Application: Missouri law generally prohibits dram shop liability, emphasizing that responsibility for injuries caused by intoxicated individuals lies with the drunk driver, not the tavern owner.

Reasoning: Missouri's policy, articulated in § 537.053, emphasizes that the responsibility for injuries caused by intoxicated individuals lies with the drunk driver, not the tavern owner.

Sufficiency of Pleadings

Application: The court found the appellants' petition insufficient as it was identical to an ongoing action in Illinois and failed to state a claim against the Eighteen Thousand Corporation.

Reasoning: The trial court dismissed the petition with prejudice, concluding that the Missouri petition was identical to an ongoing action in Illinois and did not adequately state a claim against the Eighteen Thousand Corporation.