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37 Drake L. Rev. 537 (1987-1988)
Dram Shop Act

handle is hein.journals/drklr37 and id is 549 raw text is: CASE NOTES DRAM SHOP ACT-In Passing the Dram Shop Act, Iowa Code Section 123.92, the Legislature Preempted the Entire Field of Possible Recoveries Against Commercial Suppliers of Alcoholic Beverages Based upon the Sale or Furnishing of Such Beverages; No Common Law Right to Recover in Negligence Remains to Those Injured as a Result of Such Sale or Furnish- ing, Even Where the Suit Is Based on an Illegal Action Not Covered by the Dram Shop Act-Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807 (Iowa 1987). On March 9, 1981, Diane Moss, a seventeen-year-old girl, bought a quart of beer at a convenience store operated by defendant Total Petro- leum,' using for identification a poorly altered driver's license which would have been exposed as a forgery by anything more than a cursory examina- tion.2 In selling the beer to Moss, defendant Total violated a state statute which prohibited the sale of beer or alcoholic beverages to persons under legal age.3 At the time of the sale, Moss had drunk no alcohol and was sober.4 Moss left the store, drove to a nearby park, and drank the beer.5 She then drove out of the park, intending to go to a friend's house.' While en route, she cut across the center line of the street and across several lanes of traffic, and ran into the car in which the plaintiffs were riding, injuring them seriously.7 The plaintiffs brought suit against Moss and Total Petroleum, joining the latter on the theory that it had been negligent in selling beer to Moss in violation of statute.8 (The plaintiffs did not contend that Total had served 1. Brief for Appellant at 1, Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807 (Iowa 1987) (No. 85-1564). 2. Id. 3. IowA CODE § 123.47 (1981). 4. Brief for Appellant at 1, Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807 (Iowa 1987) (No. 85-1564). 5. Id. at 2. 6. Id. 7. Id. 8. Id. at 1.

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