The Colorado Court of Appeals held that, in order to recover losses caused by a drunken driver, the state's Dram Shop Act requires there be a connection between the alcohol sold and the intoxication of the purchaser.

According to the opinion, the plaintiffs in this case—Jasper Mitton, Thomas Wood, Devin Wood and Michael Wood—are the surviving family members of Benjamin Mitton and Nichole Gough who were killed by a drunken driver. On the day of the accident, Lindsey Ward, consumed multiple alcohol beverages at a Breckenridge establishment called the Clubhouse Restaurant. Ward then drove to the defendant's establishment, Breckenridge Market & Liquor, where she purchased a twelve-pack of beer and a bottle of tequila.