Negligence claim brought against a gas station for selling gas to an intoxicated customer affirmed as dismissed.

Nathan Clark and Kerry Lewis of Rhodes Hieronymus secured a ruling from the Oklahoma Court of Civil Appeals affirming the dismissal of a case in favor of their client, a gas station, accused of negligence. Plaintiffs alleged that the gas station was liable for deaths caused by a drunk driver who had purchased gas at the gas station hours before the accident. The Court held that no statutory basis or precedent exists in Oklahoma to establish a duty for gas stations to abstain from selling gas to intoxicated customers. As a case of first impression, this ruling will clarify what duties are owed by gas stations within the state of Oklahoma.