Opinion

Baatz v. Arrow Bar

  • 426 N.W.2d 298
  • 1988 S.D. LEXIS 88
  • 1988 WL 60072
Court
South Dakota Supreme Court
Filed
Jun 15, 1988
Status
Published
Author
Wuest
On the bench
Sabers, Henderson, Wuest, Morgan, Miller
Cited by
26 cases
Authority
More cited than 8.5%

construing the two statutes and stating that “the task of determining proximate cause (and civil liability for wrongdoing) belongs to the courts, not the legislature” and “[t]o say that civil liability for such wrongdoing shall rest solely with the consumer, to the exclusion of all other wrongdoers, is questionable in fact and in theory. In fact, the words of the amendment [to SDCL 35-4-78] acknowledge serving of alcoholic beverages as a cause of injuries contrary to the legislative finding in SDCL 35-11-1”

How later courts described this case

  • construing the two statutes and stating that “the task of determining proximate cause (and civil liability for wrongdoing) belongs to the courts, not the legislature” and “[t]o say that civil liability for such wrongdoing shall rest solely with the consumer, to the exclusion of all other wrongdoers, is questionable in fact and in theory. In fact, the words of the amendment [to SDCL 35-4-78] acknowledge serving of alcoholic beverages as a cause of injuries contrary to the legislative finding in SDCL 35-11-1”
  • holding that Walz decision applies both retrospectively and prospectively and that 1985 amendment to SDCL 35-4-78 attempting to abrogate Walz failed to accomplish its purpose
  • "[T]he task of determining proximate cause (and civil liability for wrongdoing) belongs to the courts, not the legislature."
  • “[T]he task of determining the proximate cause of injuries in individual cases is the duty of the courts and juries, not the legislature.”

Written by the judges who cited it.

The opinion

WUEST, Chief Justice

(concurring in part).

I concur in issue 1 (Retrospective or Prospective Application of SDCL 35-4-78(2) and Walz) and issue 3. (Effective Date of SDCL 35-11-1 and amended SDCL 35-4-78 and Retroactive Application) of the majority opinion. This requires a reversal of the judgment of the trial court. In my opinion, it is unnecessary to discuss the other issues in the majority and dissenting opinions. This court will review a law’s constitutionality only when necessary for a determination upon the merits of a cause. Investigation of Hy. Const. Ind. v. Bartholow, 373 N.W.2d 419, 420 (S.D.1985); State v. Big Head, 363 N.W.2d 556, 559 (S.D.1985); Baldwin v. First Nat. Bank of Black Hills, 362 N.W.2d 85, 90 (S.D.1985).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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