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A Montana tavern served beer to Michael, who was already intoxicated. He admitted that his speech was thick and that he was staggering when he ordered his last beer. Later he drove his car on the wrong side of a highway and killed the plaintiff. Suit was brought against the tavern operator for wrongful death. A Montana statute prohibited the sale of alcoholic bever- ages to intoxicated persons. Is the tavern liable? Why or why not?

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