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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