Andre

The Legislature has provided that the consumption, not furnishing, of alcoholic beverages is the proximate cause of injuries resulting from intoxication, and a social host who furnishes alcoholic beverages is not liable for resulting damages. Appellant asks the courts to nullify this legislation she brands as “outrageous” and “irresponsible.” She urges that the “special relationship” of “host-guest” imposes liability where the host does not warn the passenger or prevent the drunk from driving. We hold to the contrary. The law which bars liability for a host who furnishes alcoholic beverages applies with even greater force where, as in this case, the host (hostess) did not furnish the alcoholic beverage, appellant did. The effect of the statute cannot be avoided by alleging the wrong, not as furnishing the alcohol, but as failing to warn the passenger or stop the driver.

Plaintiff appeals from a dismissal after the trial court sustained respondent’s demurrer to appellant’s second amended complaint, without leave to amend. Appellant Janice Mary Andre and David Gregory Ingram (David), adults, lived in the home of respondent Virginia Ingram, David’s mother. Appellant bought,…