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Click here for the full text of this decision FACTS:On June 6, 2003, Brian Helm purchased a six-pack of beer at appellees� store. At the time, Helm was 20 years old. Prior to purchasing the beer, Helm had not consumed any alcohol or other intoxicating substance that day. Helm later crashed his car into a car driven by Clara Tankersley. Tankersley had two fingers amputated as a result of the crash. Helm was arrested at the scene. Appellants sued appellees, alleging claims of negligence, negligence per se and restitution. Appellees filed a motion for summary judgment, asserting Chapter 2 of the Texas Alcoholic Beverage Code, commonly known as the Dram Shop Act, is appellants� sole remedy, and no violation of the act occurred. The trial court granted appellees� motion, and this appeal followed. HOLDING:Affirmed. The appellants argue that the trial court erred in granting appellees� motion for summary judgment because ��2.02 and 2.03 of the Texas Alcoholic Beverage Code violate their rights to restitution under Article I, �30(a)(4) of the Texas Constitution. Section 2.02 provides a cause of action against a provider of alcoholic beverages when �it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.� The liability of providers under chapter 2 of the code is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages. Chapter 2 of the code provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older. Appellants concede in their brief that appellees are correct if, as asserted in appelle

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