Underage Sales Case Survives "Cancellation Rule"

This wrongful death action against the defendants was filed when Brandi Coyle died as a result of a motor vehicle collision allegedly caused by an underage intoxicated driver who had purchased beer from South Cumberland Amoco.

Initially stating that he was over age 21, but later, in another statement, admitting he was a minor at the time of the purchase, Samuel Martinez caused the trial court to apply the cancellation rule.

With conflicting statements about his age, the defendants argued the purchaser's testimony provided no competent evidence at all about his age since the statements cancel each other out. In such dram shop cases, the plaintiff has to come forward with some competent evidence to prove the defendants knew the purchaser was under 21 years old.

Tennessee's Eastern Section Court of Appeals ruled the "cancellation rule" applies only if the contradictory statemetns are unexplained or if neither statement can be corroborated by other competent evidence in Landry v. South Cumberland Amoco.