Liao v. Harry's Bar
| Decision Date | 28 December 1990 |
| Parties | Young Yu-Mei LIAO, as curator of the Estate of Kang-Ling Liao v. HARRY'S BAR, et al. 89-1372. |
| Court | Alabama Supreme Court |
David M. Andres, Tuscaloosa, for appellant.
Harry M. Renfroe, Jr. of Mountain & Mountain, Tuscaloosa, for appellees James Harry Hammonds and Harry's Bar.
Carole W. Delchamps, Tuscaloosa, for appellees Steve and Marcia Baten.
On February 28, 1987, Kang-Ling Liao suffered severe and permanent injuries when the automobile in which she was riding was struck by an automobile that was owned by Eric Blaylock and that was being driven by Christopher King. 1 Blaylock was riding in the automobile with King at the time of the collision; both Blaylock and King were intoxicated.
Kang-Ling Liao's mother, Young Yu-Mei Liao, as curator for her daughter's estate, sued King, alleging that he had acted negligently or wantonly in operating the automobile and that his actions were the proximate cause of her daughter's injuries. She sued Blaylock, alleging that he had negligently entrusted his automobile to King and that, in doing so, he had also caused her daughter's injuries. The plaintiff also sued Harry's Bar and the Bar's owner, James Harry Hammonds (Harry's Bar and Hammonds will hereinafter be referred to as "Harry's Bar" or "the bar"), under the cause of action created by Ala.Code 1975, § 6-5-71, alleging that the bar had illegally sold or furnished alcoholic beverages to King and Blaylock and that, in consequence thereof, her daughter had been injured. The plaintiff sued Steve and Marcia Baten and Jeffrey Mitchell, also under § 6-5-71, alleging that they had illegally furnished alcoholic beverages to Blaylock; that, consequently, Blaylock had negligently entrusted his automobile to King; and that, as a result, her daughter had been injured. The plaintiff reached a pro tanto settlement with Blaylock and King, based on their combined insurance policy limits of $375,000, and they were dismissed from the suit. 2 Blaylock and King are not parties to this appeal. Summary judgments were later entered in favor of the remaining defendants. The plaintiff appealed. We affirm.
The undisputed material facts are as follows: Several hours prior to the accident, King met his friend Blaylock at Harry's Bar, where each of them drank several beers while watching a basketball game on television. King, whose date of birth is March 13, 1966, was 13 days short of his 21st birthday. Blaylock, whose date of birth is March 30, 1967, was 30 days short of his 20th birthday. Blaylock did not directly purchase beer from the bar; instead, he gave his money to other people and they purchased the beer for him. Blaylock observed King drinking beer at the bar; however, he did not pay any attention to how much beer King actually drank. While they were in the bar, neither King nor Blaylock acted in such a manner as to appear to be intoxicated. Eventually, King and Blaylock left Harry's Bar and drove to a wedding reception at the home of Steve and Marcia Baten, which the Batens were hosting in honor of Jeffrey Mitchell and his bride, Laurie. King and Blaylock had been invited by Laurie; however, neither of them had been invited by Mitchell. King and Blaylock were, at best, casual acquaintances of Mitchell's. Mitchell had seen King four or five times prior to the reception, one of those times being in a bar, and he had seen Blaylock only once prior to the reception, but had never spoken with him. Mitchell did not know, nor did he have any reason to know, that Blaylock was 19 years of age.
Mitchell provided champagne for the guests at the reception. The Batens did not provide any alcoholic beverages. While at the reception, King and Blaylock each drank four to six glasses of champagne. Blaylock observed King drinking champagne at the reception; however, he did not observe exactly how much champagne King drank. King did not appear to be intoxicated at the reception. Mitchell did not personally serve any champagne to King or Blaylock; he did not observe either King or Blaylock drinking champagne; and he did not notice how long King and Blaylock remained at the reception. Upon leaving the reception, Blaylock allowed King to drive Blaylock's automobile. The accident occurred shortly thereafter.
The summary judgments for the defendants in this case were proper only if there were no genuine issues of material fact and the defendants were entitled to judgments as a matter of law. Rule 56, A.R.Civ.P. The burden was on the defendants to make prima facie showings that no genuine issues of material fact existed and that they were entitled to judgments as a matter of law. If those showings were made, then the burden shifted to the plaintiff to present evidence creating a genuine issue of material fact, so as to avoid the entry of judgments against her. DuPont v. Yellow Cab Co., 565 So.2d 190 (Ala.1990). In determining whether there were genuine issues of material fact, this Court must view the evidence in a light most favorable to the plaintiff and must resolve all reasonable doubts against the defendants. Because this action was pending on June 11, 1987, the applicable standard of review is the "scintilla of evidence" rule. Ala.Code 1975, § 12-21-12.
Discussion concerning the propriety of the summary judgments:
(a) Harry's Bar
Section 6-5-71 reads, in pertinent part, as follows:
"(a) Every wife, child, parent or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages."
This section created a civil cause of action against a person who, contrary to law, causes the intoxication of another by providing the other person with alcoholic beverages, when the plaintiff is injured because of the intoxication. The term that most narrowly limits this cause of action is the requirement that the furnishing of the alcoholic beverages be "contrary to ... law." Martin v. Watts, 513 So.2d 958 (Ala.1987).
Ala.Code 1975, § 28-3-49(a), states that the rules promulgated by the Alabama Alcoholic Beverage Control Board "have the full force and effect of law." Chapter 20-X-6.02(4) of the Rules of the Alabama Alcoholic Beverage Control Board provides: "No on premise licensee may serve a person any alcoholic beverage if such person is acting in such a manner as to appear to be intoxicated." See Vol. 1, Alabama Administrative Code.
Ala.Code 1975, § 28-3A-25, in pertinent part, provides:
Ala.Code 1975, § 28-3-1, in pertinent part, states:
Thus, § 28-3A-25(a)(3) made it unlawful for a licensee, or the servants, agents, or employees of a licensee, to sell or to otherwise furnish alcoholic beverages to a person under 21 years of age, unless that person was 19 years of age or older prior to October 1, 1985. That section also made it unlawful for a licensee, or the servants, agents, or employees of a licensee, to permit a person under 21 years of age to consume alcoholic beverages on the licensee's premises, unless that person was 19 years of age or older prior to October 1, 1985.
The plaintiff contends that the summary judgment for Harry's Bar was improper because, she says, the record contains at least a scintilla of evidence that it sold or furnished beer to King; that King was visibly intoxicated at the time the beer was sold or furnished to him; that the sale or furnishing of the beer to King was in violation of Chapter 20-X-6.02(4); and that the sale or furnishing of the beer to King caused or contributed to her daughter's death. The plaintiff also contends that there is at least a scintilla of evidence that Harry's Bar sold or furnished beer to Blaylock; that Blaylock was visibly intoxicated at the time the beer was sold or furnished to him; that the sale or furnishing of the beer to Blaylock was in violation of Chapter 20-X-6.02(4); that the sale or furnishing of the beer to Blaylock, who was approximately one-month short of his 20th birthday on the day of the accident, was also in violation of § 28-3A-25(a)(3); 4 and that, in consequence thereof, Blaylock negligently entrusted his automobile to King when they left the reception.
Harry's Bar contends that the summary judgment in its favor was proper. Pointing out that the undisputed evidence shows that neither King nor Blaylock ever became visibly intoxicated while at the bar, it argues that the sale or furnishing of the beer to them was not contrary to Chapter 20-X-6.02(4). Harry's Bar also points out that the undisputed evidence shows that Blaylock was not directly sold or furnished alcoholic beverages while he was at the bar. It argues that, as a result, there was no violation of § 28-3A-25(a)(3).
Harry's Bar is correct in arguing that the undisputed evidence shows that although King and Blaylock drank beer at the bar,...
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