Venzor

The third cause of action of an amended complaint filed by Marian Venzor (appellant) alleged that she is the surviving spouse and sole surviving heir at law of Bruno Venzor (Bruno), who was killed on June 12, 1974, when he was struck by an automobile driven by Joe Leslie Atchinson, Jr. (Atchinson), and that at the time he was struck by Atchinson’s automobile, Bruno was a pedestrian attempting to cross a public street. It was further alleged that Santa Barbara Elks Lodge, No. 613, (Lodge), at the time in question, was engaged in the business of selling alcoholic beverages to its members, including Bruno; that the Lodge served or permitted to be served to Bruno extremely large quantities of alcohohc beverages immediately prior to his death, as a proximate result of which Bruno became intoxicated, sick, helpless, and unable to care for himself; that after negligently putting Bruno in such condition, the Lodge negligently failed to render aid to Bruno to relieve such helpless condition and such failure to render aid was a proximate cause of Bruno’s death; that the Lodge knew Bruno was to walk to his motor vehicle and drive it in such a helpless condition; and that Bruno was…