Negligence – Sale of alcohol to underage person

Listen to this article

Where a defendant store has appealed judgments holding that it sold alcohol to an underage person and that this sale caused one person's death and another's severe injuries, we conclude that the appeal must fail.

We so decide because (1) the trial judge acted permissibly in admitting certain statements, which were made to the police, pursuant to the "statements against penal interest" hearsay exception, (2) the evidence was sufficient to support the jury's finding that the defendant negligently sold alcohol to an underage person and (3) the judge committed no error in placing before the jury the question of whether the relevant accident was the foreseeable result of the defendant's negligent sale of beer to the underage customer.

Affirmed.

Zinck, et al. v. Gateway Country Store, Inc., et al. (and a companion case) (Lawyers Weekly No. 11-160-08) (13 pages) (Mills, J.) (Appeals Court) Cases tried before Whitehead, J., and motions for a new trial and for judgment notwithstanding the verdict heard by him. Richard J. Fallon and Stephen P. Colella for defendant Gateway Country Store, Inc.; Paul F. Denver, of Rossman & Rossman, for plaintiffs Mary Zinck, et al.; Annette M. Gonthier-Kiely for plaintiffs Neil Bornstein , et al. (Docket No. 07-P-963) (Sept. 11, 2008).