DeStock no. 14, Inc. v. Logsdon

In DeStock no. 14, Inc. v. Logsdon, Ky., 993 S.W.2d 952 (1999), the Kentucky Supreme Court, faced with somewhat similar facts, addressed the applicability of KRS 413.241. In DeStock, an intoxicated person rear-ended a vehicle stopped at a red light, injuring both the driver and passenger of the stopped vehicle. Id. at 954. The occupants of the vehicle sued the intoxicated driver and the business establishment that sold him the beer that caused him to become intoxicated. The trial court dismissed their claims against the business as well as the cross claim of the business against the intoxicated driver for indemnity. Id. at 955. Upon discretionary review of an opinion of this court, the Kentucky Supreme Court reversed the summary judgments entered by the trial court and remanded the case. Id. at 959-60. In doing so, the court held that KRS 413.241(2) imputed the intoxicated driver's liability to the business and that recovery could be had against either or both. Id. at 958. The court also held that as between the intoxicated driver and the business, KRS 413.241(3) declared the intoxicated driver to be primarily liable and the business only secondarily liable for claims of injured third parties. Id. Thus, the court held that the business was entitled to the remedy of indemnity. Id.