Stewart

Statement of the Case

This appeal is from a judgment entered after the trial court granted a motion for summary judgment filed on behalf of the estate of William Bohnert by Royal Globe Insurance Company (hereinafter Royal Globe). The action was commenced by appellant Ruth Mae Stewart (hereinafter appellant) against the Pumproom, the Smokehouse and Doe defendants. Appellant sought to recover for damages she sustained as a result of an auto accident, in which her vehicle allegedly collided with a vehicle operated by an intoxicated driver, Donald Haworth. Appellant alleged that on the day of the accident Haworth had been served alcoholic beverages at each of the taverns named as defendants; she further alleged the tavern keepers knew or in the exercise of reasonable care should have known that Haworth was intoxicated and that he would drive a motor vehicle while intoxicated. Appellant alleged that her injuries were a proximate result of the defendants’ sale of alcoholic beverages to Haworth.

Decedent William Bohnert was the owner of the Smokehouse Cafe at the time of the alleged accident. The trial court permitted appellant to proceed against the estate of Bohnert pursuant…