Knighten

Appellants Linden and Linda Knighten were injured in an accident caused by a drunk driver. They brought suit against several defendants, including the restaurant which served the drunk driver and the valet service which returned her car to her. The Knightens appeal the judgment dismissing the restaurant and the valet service from the case after their demurrers to the second amended complaint were sustained without leave to amend.

Facts

Appellants’ second amended complaint alleged the following facts. On June 2, 1983, Bonnie Vanderwerff drove her Mercedes Benz into the parking lot of a restaurant called Cano’s, owned and operated by El Torito Restaurants, Inc. (El Torito). Vanderwerff left the car with a valet service under contract with El Torito, Sam’s Parking Valet (Valet). Vanderwerff remained for some time, bought a number of drinks, and became increasingly intoxicated, to the point where it was clear she was unfit to drive. On some previous occasions, El Torito and Valet had withheld vehicles and keys from intoxicated patrons. When Vanderwerff went to reclaim her car, however, Valet turned over the car and the keys, although personnel of both Valet and El Torito…

I do not adopt all of the reasoning of the majority. However, I concur in the results and in the sentiments expressed in the conclusion.

Appellants’ petition for review by the Supreme Court was denied February 16, 1989.

Appellants Linden and Linda Knighten were injured in an accident caused by a drunk driver. They brought suit against several defendants, including the restaurant which served the drunk driver and the valet service which returned her car to her. The Knightens appeal the judgment dismissing the restaurant and the valet service from the case after their demurrers to the second amended complaint were sustained without leave to amend.

Appellants' second amended complaint alleged the following facts. On June 2, 1983, Bonnie Vanderwerff drove her Mercedes Benz into the parking lot of a restaurant called Cano's, owned and operated by El Torito Restaurants, Inc. (El Torito). Vanderwerff left the car with a valet service under contract with El Torito, Sam's Parking Valet (Valet). Vanderwerff remained for some time, bought a number of drinks, and became increasingly intoxicated, to the point where it was clear she was unfit to drive. On some previous occasions, El Torito and Valet had withheld vehicles and keys from intoxicated patrons. When Vanderwerff went to reclaim her car, however, Valet turned over the car and the keys, although personnel of both Valet and El…