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

At about 2:50 a.m. Ps' child, Phillip Worley, sustained serious and permanent personal injuries when the vehicle in which he was riding as a guest passenger and which was being operated by Anthony Kaiser, crashed into a utility pole while traveling at a high rate of speed. On the prior evening, Worley, Kaiser, Scott Goosie, and several of their friends, all of whom were under 21 years of age, gathered at the residence of one of the group whose parents were away from home. Goosie and Worley were dispatched to D's store to purchase beer. Goosie, who was 20 years of age at the time, purchased a substantial quantity of beer. He purchased the beer without showing or being asked by the clerk to show any evidence of his age. Goosie did not drink any beer during the evening. Kaiser became intoxicated from drinking beer purchased by Goosie. While en route from the party, with Worley as a passenger, the intoxicated Kaiser lost control of his vehicle, and the collision resulted. P's sued D and alleged as a cause of action the violation of the provisions of Tenn. Code Ann. §§ 57-4-203(b)(1) and 57-5-301(c). D claimed that Worley was negligent in obtaining and consuming alcohol, riding in a vehicle with an obviously intoxicated driver, and participating in the illegal purchase of alcohol. The trial court granted D's motion for summary judgment. That court held that Tenn. Code Ann. § 57-10-101, in a clear statement designed to protect the sellers of alcoholic beverages, provides that the consumption of alcoholic beverages, rather than the sale, is the proximate cause of injuries inflicted by an intoxicated person. The court further held that under Tenn. Code Ann. § 57-10-102, one who sells alcoholic beverages to a minor may be liable if the seller had actual or constructive knowledge that the purchaser was under 21 years of age, but then only if the injury is caused by the purchaser's consumption of the beverage. P appealed. The Court of Appeals reversed: Tenn. Code Ann. § 57-10-102 does not limit the seller's liability to injuries caused by the purchaser's consumption of the alcoholic beverages, and, further, the seller in this case is estopped from denying that Worley's injuries were caused by the purchaser, Goosie. D appealed.

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