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Throughout the day of the accident, the defendant, in the company of two men, drank at least 50 pints of beer, a 26-ounce bottle of

Throughout the day of the accident, the defendant, in the company of two men, drank at least 50 pints of beer, a 26-ounce bottle of rye whisky, and smoked a substantial amount of marijuana. At approximately 7:15 p.m., the three men entered tavern number one. They were served one beer but were refused a second drink because of obvious signs of intoxication. The owner of the tavern tried to persuade the defendant to give his car keys to one of the other men who appeared to be more sober, but he refused. The three men then went in the defendant's vehicle to tavern number two, arriving at 9 p.m. They were at the second tavern until 10:30 p.m., during which time the defendant was served three or four more beers. The three men left tavern number two in the defendant's car. The defendant was so thoroughly intoxicated, and his driving was so erratic that the other two men insisted on getting out of the car. The defendant continued to drive to the scene of the accident, which occurred at 10:45 p.m. The defendant drove onto the wrong side of the road into a head-on collision with a vehicle containing three people. One person in the second vehicle was killed, and the other two were injured. Was either tavern number one or tavern number two liable for the death and injuries caused by the intoxicated driver?

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