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Word Count: 268
WALZ V CITY OF HUDSON 1 STATEMENT OF FACTS Plaintiff brought a law suit against the defendant based on the theory of negligence Plaintiffs complaint alleged that defendant failed to conduct in reasonable person standard by selling an alcohol to apparently intoxicated person resulting in wrongful death of the plaintiff The trial court dismissed the complain for failure to state a cause of action Plaintiff appeals 2 ISSUES Whether a death or an injury as a result of drunkenness to which particular sale of alcohol contributed and the seller could reasonably foresee the risk constitutes a negligence per se 3 DECISION Yes reversed 4 RULE OF LAW Negligence is a breach of legal duty imposed by a statue or a common law The common law is in force in South Dakota except when it conflicts with federal or state constitution or law SDCL makes it a crime to sell intoxicating beverages to one in intoxicated state and violation of statue is negligence as a matter of law Citation 5 REASONING Walz appellant as a special administrator of Ludwig sued the city of Hudson South Dakota appellee doing business as the Hudson municipal liquor Store for the wrongful death of Mr Ludwig The store sold Larry VanEgdom intoxicating beverages when the store knew that VanEgdom was intoxicated Immediately after the purchase Vanegdom caused an auto accident resulting in Ludwgs death The appeal court felt that the store failed to conduct in reasonable manner by selling the alcohol to an apparently intoxicated person Selling alcohol beverages to an intoxicated person is defined to be a negligence by SDCL and the appeal court reversed the case
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