WALZ V. CITY OF HUDSON 1. STATEMENT OF FACTS: Plaintiff brought a law suit against the defendant based on the theory of negligence. Plaintiff’s complaint alleged that defendant failed to conduct in reasonable person standard by selling an alcohol to apparently intoxicated person, resulting in wrongful death of the plaintiff. The trial court dismissed the complain for failure to state a cause of action. Plaintiff appeals. 2. ISSUES: Whether a death or an injury as a …showed first 75 words of 270 total…

…showed last 75 words of 270 total…Mr. Ludwig. The store sold Larry VanEgdom intoxicating beverages, when the store knew that VanEgdom was intoxicated. Immediately after the purchase Vanegdom caused an auto accident resulting in Ludwg’s death. The appeal court felt that the store failed to conduct in reasonable manner by selling the alcohol to an apparently intoxicated person. Selling alcohol beverages to an intoxicated person is defined to be a negligence by SDCL and the appeal court reversed the case.