Kelly v. Sinclair Oil Corp.
| Citation | 476 N.W.2d 341 |
| Decision Date | 16 October 1991 |
| Docket Number | No. 90-1079,90-1079 |
| Parties | Karen K. KELLY, Conservator of the Estate of Regina Butcher, a Minor, and Karen K. Kelly, Individually; David Den Adel and Laverna Den Adel, Administrators of the Estate of Dena Marie Den Adel, and David Den Adel and Laverna Den Adel, Individually, Appellants, v. SINCLAIR OIL CORPORATION, d/b/a Sinclair Marketing Company, Appellee, and Boot Hill Enterprises, Inc., d/b/a Outer Limits and Dan Goulden, Appellees, and Scott Giannetto and Jeffrey Dean Bryant, Defendants. |
| Court | Iowa Supreme Court |
Robert A. Nading II and Gregory A. Skinner, Ankeny, for appellants Kelly.
Roger J. Hudson and Thomas T. Tarbox of Smith, Schneider, Stiles, Mumford, Schrage, Zurek, Wimer & Hudson, P.C., Des Moines, for appellants Den Adel.
Roland D. Peddicord and Joseph M. Barron of Peddicord, Wharton, Thune, Foxhoven & Spencer, P.C., Des Moines, for appellee Sinclair Oil.
Gerry Rinden and Andrew M. Johnson of Wintroub, Rinden, Okun & Sens, Des Moines, for appellees Boot Hill and Goulden.
Considered en banc.
This case involves several questions concerning the Iowa Dramshop Act and common law claims arising from the alleged furnishing of intoxicants. Plaintiffs allegedly were injured as a result of the acts of an intoxicated driver and other defendants.
Plaintiffs Karen K. Kelly, conservator of the estate of her daughter Regina Butcher, and Karen individually (Kelly), and plaintiffs David and Laverna Den Adel, administrators of the estate of their daughter Dena Marie Den Adel, and David and Laverna individually (Den Adel) (herein collectively referred to as plaintiffs), have taken an interlocutory appeal challenging the district court ruling granting certain defendants' summary judgment motions. Defendant Sinclair Oil Corporation (Sinclair) likewise has taken an interlocutory appeal challenging the district court ruling denying one of Sinclair's summary judgment motions. We granted all parties' applications. See Iowa R.App.P. 2.
Plaintiffs contend that the district court erred in granting defendant Sinclair's summary judgment motion as to the counts of plaintiffs' petitions under the Iowa Dramshop Act. See Iowa Code § 123.92 (1989). Sinclair cross-appeals, claiming the court erred in failing to grant its summary judgment motion concerning plaintiffs' common law negligence counts against Sinclair.
Plaintiffs also contend the district court erred in granting the summary judgment motion of defendants Boot Hill Enterprises, Inc., and Dan Goulden concerning plaintiffs' dramshop actions, and also contend the court erred in granting the summary judgment motion of Boot Hill and Goulden concerning plaintiffs' common law negligence actions.
We, now, affirm the district court's ruling granting Sinclair's summary judgment motion on plaintiffs' dramshop counts. We also affirm the ruling granting Boot Hill and Goulden's summary judgment motion on plaintiffs' dramshop counts, as well as the ruling granting Boot Hill and Goulden's summary judgment motion on plaintiffs' common law negligence counts. However, we reverse the district court's ruling denying Sinclair's summary judgment motion on plaintiff's common law negligence counts.
I. Background facts and proceedings. Our examination of the pleadings, depositions, answers to interrogatories, admissions, and affidavits reveals the following facts and proceedings. See Iowa R.Civ.P. 237(c). On the evening of January 28, 1989, defendant Jeffrey Dean Bryant, who was then twenty years old, went to the home of his friend defendant Scott Giannetto in Marshalltown, Iowa. They left Marshalltown in Giannetto's pickup truck to visit a friend, Dennis Carroll, who lived in Des Moines.
On the way to Des Moines, the two enjoyed a six-pack of beer and mixed drinks containing rum. When the two finally arrived at Carroll's house, both Carroll and his wife noticed the effects of Giannetto's imbibing. Despite Giannetto's obvious intoxication, Carroll decided to join him and Bryant on a late-night excursion through Des Moines.
At some point during their trip, Carroll suggested going to a bar. The three ultimately decided on going to the Outer Limits, a tavern owned by defendant Boot Hill. Before they went to Boot Hill's tavern, however, they stopped at a gas station and convenience store owned by defendant Sinclair. Bryant waited in the truck as Giannetto and Carroll went into Sinclair's store to purchase two six-packs of beer. Giannetto and Carroll consumed some of this beer as the group resumed its journey to the Outer Limits tavern; it is unclear whether Bryant also consumed some of this beer.
Upon their arrival at Outer Limits and immediately after passing through the tavern's front door, Giannetto, Carroll, and Bryant were confronted by defendant Dan Goulden, a bartender. Goulden demanded to see identification from each of the three men. Giannetto and Carroll produced their identification satisfying Goulden that they were old enough to be served alcohol. When Bryant admitted that he had no identification, however, Goulden promptly ordered him out of the tavern. Giannetto then gave his keys to Bryant, telling him to sit and wait in his truck while he and Carroll drank the beers they had ordered. Bryant promptly left the tavern.
Some time later, Goulden received a report from another patron that there was a person in the Outer Limits parking lot spinning the wheels of his vehicle and throwing gravel all over the other cars. Goulden went out into the parking lot to find Bryant in Giannetto's pickup truck re-entering the parking lot from the highway. Bryant entered the lot at a high rate of speed and almost struck Goulden. After Bryant stopped the truck, Goulden ordered Bryant, through the truck's open window, to leave the premises. A short argument ensued, whereupon Goulden threatened to call the police if Bryant did not leave. During the argument, Goulden noticed that cans were lying on the floorboard of the truck, that the front of Bryant's shirt was wet, and that there was the smell of beer in the air. After Goulden made his threat, Bryant left the parking lot.
At roughly the same time Bryant left the parking lot, Dena Marie Den Adel, who was sixteen years old, was driving north on Highway 69. Regina Butcher, who was also sixteen years old, was a passenger in the Den Adel vehicle. Soon after Bryant left the Outer Limits parking lot, he drove through a stop sign and collided with the Den Adel vehicle. Den Adel was fatally injured in the crash. Butcher sustained severe head injuries.
Plaintiff Kelly, Butcher's mother, subsequently filed a petition at law naming as defendants Sinclair, Boot Hill, Goulden, Giannetto, and Bryant. Plaintiffs Den Adel filed a similar petition. The actions were consolidated. Only plaintiffs and defendants Sinclair, Boot Hill, and Goulden are involved in the present appeal.
Plaintiffs' petitions contain twelve counts, eight of which are relevant to this appeal. Counts I and II allege common law claims and contend that Sinclair was negligent in selling alcohol to Giannetto, which negligence is alleged to have been a proximate cause of plaintiffs' injuries. Counts III and IV further contend that Sinclair is liable for plaintiffs' injuries under Iowa's Dramshop Act. See Iowa Code § 123.92. Counts V and VI contend that Boot Hill likewise is liable under the dramshop act, and counts VII and VIII allege common law claims and contend that Boot Hill and Goulden were negligent in ordering the allegedly intoxicated Bryant out of the Outer Limits parking lot and onto the public roadway where he caused plaintiffs' injuries.
All defendants involved in this appeal moved for summary judgment. The district court overruled Sinclair's summary judgment motion concerning plaintiffs' negligence actions (counts I and II), but sustained the motions on the dramshop actions against both Sinclair and Boot Hill (counts III through VI), as well as on the negligence actions against Boot Hill and Goulden (counts VII and VIII). Plaintiffs appeal from the district court's ruling granting these summary judgment motions, and Sinclair cross-appeals the ruling denying its summary judgment motion as to plaintiffs' negligence action.
These appeals present five issues for our review: 1) whether stores such as Sinclair's convenience store which sell alcohol exclusively for off-premises consumption are excluded from liability under the Iowa Dramshop Act; 2) if the dramshop act is construed to exclude from liability stores which sell alcohol exclusively for off-premises consumption, whether this distinction violates the equal protection clauses of the United States and Iowa constitutions; 3) assuming plaintiffs may maintain a common law claim against Sinclair, whether Sinclair's conduct in selling alcohol to Giannetto was a proximate cause of plaintiffs' injuries; 4) whether Boot Hill's conduct in serving Giannetto alcohol was a proximate cause of plaintiffs' injuries; and 5) whether as a matter of law Goulden breached any legally recognized duty when he ordered an intoxicated Bryant out of the Outer Limits parking lot and onto the public roadway.
We consider each of these issues in turn.
II. Liability of non-taverns under the dramshop act. On this appeal, plaintiffs contend that the Iowa Dramshop Act, Iowa Code section 123.92, should be construed to apply to non-taverns, such as Sinclair's convenience store and other grocery stores, that only "sell" alcohol, even though such stores do not also "serve" alcohol for on-premises consumption. The district court disagreed, holding that this court's decision in Thorp v. Casey's General Stores, Inc., 446 N.W.2d 457 (Iowa 1989), compels the conclusion that establishments that do not sell and serve alcohol for on-premises consumption are not covered by the dramshop act. For this and other reasons, we conclude that establishments that do not sell and serve...
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