Harris

Statement of the Case

This is an appeal from an order dismissing plaintiffs’ complaint. The order of dismissal was entered at the request of defendant Trojan Fireworks Company after defendant’s demurrer to plaintiffs’ complaint had been sustained. Plaintiffs were granted 30 days to amend their complaint which they declined to do.

*159 Statement of Facts

Since the appeal arose from an order dismissing the complaint, the facts stated are the facts which are alleged in the complaint.

The complaint is brought in four counts. The first count seeks damages for the wrongful death of James Harris and is brought by his parents. Counts 2 and 3 are brought by two minor children for their personal injuries and count 4 is brought by the mother of the minor children, for reimbursement of medical expenses which were incurred for medical care required for the children as a result of the injuries which they sustained. The children were riding in a car driven by James Harris when it was involved in an accident with a car driven by Anthony Barajas (Barajas).

Barajas was an employee of defendant Trojan Fireworks Company (Trojan).

On Friday, December 21, 1979, at the Trojan…

* Concurring.—I believe that, in addition to stating a cause of action based upon the theory of respondeat superior, the plain *166 tiffs’ complaint states a cause of action against defendant Trojan for its negligently furnishing Barajas with an excessive amount of alcoholic beverages.

The complaint alleges that Barajas was caused by Trojan to attend the Christmas party and was caused by Trojan to imbibe large quantities of alcoholic beverages knowing that he would be driving home after the party.

It is clear that the trial judge sustained the defendant’s demurrer because he felt that subdivisions (b) and (c) of Business and Professions Code section 25602 1 barred plaintiffs’ action against defendant based upon its negligent furnishing of alcohol to Barajas. He is correct; however, if I were able to obtain the concurrence of one of my colleagues, I would hold subdivisions (b) and (c) of Business and Professions Code unconstitutional as violative of the equal protection clauses of both the United States and the State of California.

Article I, section 7, subdivision (b), of the California Constitution guarantees to every person that all laws of a general nature shall have a…

This is an appeal from an order dismissing plaintiffs' complaint. The order of dismissal was entered at the request of defendant Trojan Fireworks Company after defendant's demurrer to plaintiffs' complaint had been sustained. Plaintiffs were granted 30 days to amend their complaint which they declined to do.

Since the appeal arose from an order dismissing the complaint, the facts stated are the facts which are alleged in the complaint.

The complaint is brought in four counts. The first count seeks damages for the wrongful death of James Harris and is brought by his parents. Counts 2 and 3 are brought by two minor children for their personal injuries and count 4 is brought by the mother of the minor children, for reimbursement of medical expenses which were incurred for medical care required for the children as a result of the injuries which they sustained. The children were riding in a car driven by James Harris when it was involved in an accident with a car driven by Anthony Barajas (Barajas).

Barajas was an employee of defendant Trojan Fireworks Company (Trojan).

On Friday, December 21, 1979, at the Trojan manufacturing plant in Rialto, commencing…