dissenting:
I am of the opinion that the majority errs, both in its refusal to apply Idaho law, and in its failure to further rule that under Idaho law the plaintiffs have a cause of action.
The Idaho Court of Appeals reversed and remanded the case for further proceedings by its well reasoned analysis in Estates of Braun v. Cactus Pete’s, Inc., 107 Idaho 484, 690 P.2d 939 (Ct.App.1984), stating:
Whether the vending of intoxicants was the proximate cause of damage to third parties resulting from the tortious or unlawful acts of the consumer is a determination for the jury. “We perceive no justification for excusing the licensed vendor of intoxicants from the ... general duty [of care] which each person owes all others in our society,” Alegria, 101 Idaho at 619, 619 P.2d at 137, simply because the consumer is of legal drinking age.
As to the choice of law issue, the Court of Appeals correctly ruled that the “most significant relationship test as enunciated in Restatement (Second) of The Conflict of Laws (1968) should control the choice of law analysis in this case.”
The Court of Appeals’ analysis of the principles of Section 6 of the Restatement indicates that on the whole the interests of Idaho, the forum state, are better served by application of Idaho law. While Nevada has an interest in protecting the economic interests of its business owners, this casino business advertises and caters in large part to residents of Idaho. Its owner is surely aware that patrons leaving his establishment will be operating motor vehicles in Idaho and will be subject to Idaho law.
Similarly, the Court of Appeals determined on consideration of the Restatement, Section 145, contacts to be taken into account that Idaho contacts were more significant than Nevada’s. The accident and deaths occurred in Idaho between Idaho residents. The conduct allegedly causing the accident occurred in the casino in Nevada, but with results that could predictably affect subsequent actions of a motorist in Idaho. Again, it is most significant that Idaho patrons constitute a substantial portion of Cactus Pete’s customers — many of whom are known to immediately drive northward after consuming the libations served by Cactus Pete’s.
Accordingly, I would reverse and remand for further proceedings for the reasons stated by our Court of Appeals.