In Rong Yao Zhou v. Jennifer Mall Restaurant, Inc., 534 A.2d 1268 (D.C. 1987) the Court was presented with the question whether third parties injured as the result of the acts of an intoxicated driver state a cause of action against a restaurant that violated D.C. Code 25-121 (b) by serving liquor to the driver after he was already intoxicated. The court concluded that the statute, "while not itself providing a cause of action against tavern keepers by injured third parties, supplies the standard of care by which tavern keepers' conduct is to be measured under the common law." Rong Yao Zhou, 534 A.2d at 1272. In developing the analysis, the court noted that "incorporating into the common law a standard of care set by a legislative enactment is distinct from determining that a cause of action arises, by implication, under a statute. The latter task is a matter of statutory construction, requiring the court to determine whether the legislature intended something other than that which it provided expressly." Id. at 1273-74 . In Rong Yao Zhou the Court expressly adopted the view articulated in Marusa v. District of Columbia, 157 U.S. App. D.C. 348, 353, 484 F.2d 828, 833 (1973), that "violation of an ordinance intended to promote safety can give rise to a negligence action." Rong Yao Zhou, 534 A.2d at 1273. The Court determined that 25-121 (b) has a public safety purpose, see 534 A.2d at 1275, and that the injury suffered by the plaintiff in that case was "of the general type that the statute was intended to prevent, i.e. accidental injury to members of the public." Id. at 1277. As the Rong Yao Zhou court explained: "We have no difficulty concluding that 25-121 (b) of the Alcoholic Beverage Control Act has a public safety purpose, and that its unexcused violation therefore constitutes negligence per se, i.e., breach of the duty of care that tavern keepers owe to the public. Thus, when members of the public allege, as plaintiffs have here, that the tavern keeper's negligence was the legal cause of their injuries, they state a cause of action under District of Columbia law." Id. at 1275. The Rong Yao Zhou court concluded that "the unexcused violation by a tavern keeper of D.C. Code 25-121 (b) by serving a person already intoxicated or apparently intoxicated, renders the tavern keeper negligent per se, and that where injuries are proximately caused to a member of the public by that violation the tavern keeper may be liable in damages." Id. at 1276.