Andrews

The question in this appeal is whether a bartender and his employer breached a duty of care by failing to act on an inebriated customer’s request to arrange transportation home. The answer depends on whether they had a duty to act and that in turn depends on whether they had established a special relationship with the customer. Finding no such relationship or duty under the undisputed facts of this case, we affirm the judgment of dismissal.

In this wrongful death action plaintiff Ralph D. Andrews appeals from a summary judgment entered in favor of defendants Jim Wells and Timber-lanes, Inc. In granting summary judgment the trial court found “as a matter of law that the death of Plaintiff’s Decedent did not proximately result from the breach of any legal duty on the part of either of the said Defendants.” On appeal plaintiff asserts that the trial court erred in finding that defendants did not owe a duty of care to decedent, and that there are triable issues of fact presented whether defendants breached their duty of care and proximately caused decedent’s death. We agree with the trial court that defendants did not owe a legal duty to decedent and shall affirm the summary…