Kudlacik v. Johnny’s Shawnee, Inc.
The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's suit against Defendants, two commercial drinking establishments, for injuries he suffered in an accident with a vehicle whose driver consumed alcohol beverages at Defendants' establishments before the collision, holding that the district court properly dismissed the suit. On appeal, Plaintiff asked the Supreme Court to reconsider longstanding Kansas caselaw insulating commercial drinking establishments from liability for torts committed by their intoxicated patrons. The Supreme Court affirmed the district court's decision after reaffirming the common law under the principles of stare decisis, holding (1) this Court declines to overrule Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985), and Plaintiff failed to state a claim for negligence; and (2) Plaintiff failed to state a claim for aiding and abetting under Restatement (Second) or Torts 876. View "Kudlacik v. Johnny's Shawnee, Inc." on Justia Law