JACKSON - The Mississippi Supreme Court has agreed to decide the breadth of responsibility of nightclubs and bars to monitor their furnishing of alcohol to patrons.
In June, the state Court of Appeals reinstated a lawsuit brought by Dexter Moore against The Library Bar & Grill in Oxford. Moore was injured on Feb. 27, 1999, when he was struck while crossing an Oxford street by a car driven by Katie Martin and occupied by Will Shappley and three other friends.
The nightclub appealed to the Supreme Court, which agreed last week to hear the case.
According to the court record, while IDs of the five - all under the age of 21 - were checked at the door, Shappley provided a fake identification that showed him over 21. The minors' hands were each marked with an "X."
Shappley then bought drinks for himself and others in the group although they were not to be served alcohol, the record showed.
Moore sued and alleged that The Library had illegally sold the alcohol that Martin drank.
A Lafayette County judge ruled for the lounge in 2001. The judge said the bar was not liable because the alcohol consumed by driver of the car had been purchased for him by a person whose identification - such as a driver's license - plausibly showed the buyer to be an adult.
The Appeals Court said if an identification card was presented that was acceptable under state law, then the seller was innocent of selling to underage drinkers.
"True, a sale to a minor occurred, but the offense as properly interpreted occurs only when there is an unjustified sale," said Appeals Judge Leslie Southwick, writing for the court. "Proof of the identification caused the trial judge to determine that there was no offense for the sale to Shappley."
Southwick said the issue of Shappley's credible identification can only excuse what was proved by the identification - age.
However, Southwick said there is the issue of whether the Oxford tavern violated its duty not to furnish drinks to minors. He said that issue should be aired at trial.
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