Garren v. Cummings & McCrady, Inc., No. 0727
| Court | Court of Appeals of South Carolina |
| Writing for the Court | BELL; SANDERS, C.J., and GARDNER |
| Citation | 345 S.E.2d 508,289 S.C. 348 |
| Parties | Ronald R. GARREN, Respondent, v. CUMMINGS & McCRADY, INC., Appellant. . Heard |
| Decision Date | 18 February 1986 |
| Docket Number | No. 0727 |
Page 508
v.
CUMMINGS & McCRADY, INC., Appellant.
Decided June 9, 1986.
Page 509
[289 S.C. 349] Stephen Darling, of Sinkler, Gibbs & Simons, Charleston, for appellant.
Peter D. DeLuca, Jr., and Peter Them, of Seaton, DeLuca & Them, Moncks Corner, for respondent.
BELL, Judge.
This is an action in negligence for personal injuries received in an automobile accident. The plaintiff, Ronald R. Garren, alleges that one Ronald L. Slider, while in an intoxicated condition as a result of consuming alcoholic beverages at a party given by Cummings & McCrady, drove his automobile across the center line of the highway and collided with Garren's automobile. Garren sued Cummings & McCrady on the theory that they are liable to him for serving alcohol to Slider knowing that he could become intoxicated and that he would be driving his automobile on the public highways. Cummings & McCrady demurred to the complaint for failure to state a cause of action. The circuit court overruled the demurrer. We reverse.
This appeal presents the question of whether South Carolina common law recognizes a third party cause of action in negligence against a social host who serves alcohol to an intoxicated adult guest when the host knows or ought to know the guest intends to drive a motor vehicle and the guest subsequently injures the third party. We hold that no such liability exists at common law.
Although the precise question has never been decided in South Carolina, the weight of authority supports the view that a social host is not liable at common law for the service [289 S.C. 350] of alcohol to an intoxicated person who subsequently injures a third party. See, e.g., Klein v. Raysinger, 504 Pa. 141, 470 A.2d 507 (1983); DeLoach v. Mayer Electric Supply Co., 378 So.2d 733 (Ala.1979); Fruit v. Schreiner, 502 P.2d 133 (Alaska 1972); Keckonen v. Robles, 146 Ariz. 268, 705 P.2d 945 (1985); Carr v. Turner, 238 Ark. 889, 385 S.W.2d 656 (1965); Kowal v. Hofher, 181 Conn. 355, 436 A.2d 1 (1980); United Services Automobile Ass'n v. Butler, 359 So.2d 498 (Fla.App.1978); Belding v. Johnson, 86 Ga. 177, 12 S.E. 304 (1890), but see Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 716 (1985) (social host who serves alcohol to noticeably intoxicated minor in violation of statute, knowing minor would soon be driving his car, may be liable to third person injured by...
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Rong Yao Zhou v. Jennifer Mall Rest., No. 86-809.
...Boutwell v. Sullivan, 469 So.2d 526 (Miss. 1985) (distinguishing Munford, supra note 6); see also Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App. 1986) (distinguishing Christiansen, supra note Of course, the question of social host liability is not presented by thi......
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Cravens v. Inman, No. 1-90-1124
...229, 788 P.2d 159; Hebb v. Walker (1988), 73 Md.App. 655, 536 A.2d 113; [223 Ill.App.3d 1072] Garren v. Cummings & McCrady, Inc. (1986), 289 S.C. 348, 345 S.E.2d 508; see also Burkhart v. Harrod (1988), 110 Wash.2d 381, 755 P.2d 759 (recognizing liability where alcohol furnished to one who ......
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Tobias v. Sports Club, Inc., No. 2555
...13 (Ct.App.1990) (third party and intoxicated minor have cause of action under section 61-9-410); cf. Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App.1986) (social host incurs no common law liability to third party plaintiffs when he serves alcohol to his adult gues......
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Burkhart v. Harrod, No. 52839-0
...389 (Mo.Ct.App.1985)); Conigliaro v. Franco, 122 A.D.2d 15, 504 N.Y.S.2d 186 (1986); [755 P.2d 763] Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App.1986); Settlemyer v. Wilmington Veterans Post 49, Am. Legion, Inc., supra. It has been argued that when the Legislatur......
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Rong Yao Zhou v. Jennifer Mall Rest., No. 86-809.
...Boutwell v. Sullivan, 469 So.2d 526 (Miss. 1985) (distinguishing Munford, supra note 6); see also Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App. 1986) (distinguishing Christiansen, supra note Of course, the question of social host liability is not presented by thi......
-
Cravens v. Inman, No. 1-90-1124
...229, 788 P.2d 159; Hebb v. Walker (1988), 73 Md.App. 655, 536 A.2d 113; [223 Ill.App.3d 1072] Garren v. Cummings & McCrady, Inc. (1986), 289 S.C. 348, 345 S.E.2d 508; see also Burkhart v. Harrod (1988), 110 Wash.2d 381, 755 P.2d 759 (recognizing liability where alcohol furnished to one who ......
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Tobias v. Sports Club, Inc., No. 2555
...13 (Ct.App.1990) (third party and intoxicated minor have cause of action under section 61-9-410); cf. Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App.1986) (social host incurs no common law liability to third party plaintiffs when he serves alcohol to his adult gues......
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Burkhart v. Harrod, No. 52839-0
...389 (Mo.Ct.App.1985)); Conigliaro v. Franco, 122 A.D.2d 15, 504 N.Y.S.2d 186 (1986); [755 P.2d 763] Garren v. Cummings & McCrady, Inc., 289 S.C. 348, 345 S.E.2d 508 (Ct.App.1986); Settlemyer v. Wilmington Veterans Post 49, Am. Legion, Inc., supra. It has been argued that when the Legislatur......