Law, Business, and Society 9th Edition by Tony McAdams

Exercise 8

Plaintiff James L. Maguire was seriously injured when the motor vehicle in which he was a passenger was struck by another motor vehicle. Plaintiff alleges that Vikki Paulson, the driver of the other vehicle, was intoxicated at the time of the accident. Following the accident, Paulson entered guilty pleas to (1) operating a motor vehicle while under the influence of alcohol, (2) involuntary manslaughter as a consequence of the death of another passenger riding with Maguire, and (3) failure to stop at a stop sign. During the time in question in the case, Pabst Brewing Company had engaged in an advertising campaign promoting the sale of its products. Plaintiff claims the defendant Pabst was liable for his injuries because (among other claims) its advertising promoting the consumption of alcohol by those who drove to tavern constituted a danger to highway safety and because the brewer had failed to warn consumers of the dangers of alcohol consumption. Decide. Explain. See Maguire v. Pabst Brewing Company, 387 N.W.2d 565 (Iowa 1986).