This section contains the nature of the case and procedural background.

Floyd consumed intoxicating beverages at D's bar. D then suffered injuries when the automobile he was operating was involved in a one-car accident. Ps, the wife and daughter sued D for the loss of their means of support. Ps alleged that D served Floyd liquor despite the fact that he was obviously intoxicated. D initiated third-party proceedings seeking contribution from Floyd on the grounds that any damages incurred by Ps were caused jointly by Floyd and D. The contribution action by D was dismissed. D appealed.

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