Fosgate

These appeals arise as the result of a complaint for damages for personal injuries sustained by plaintiff, Lola Anna Fosgate, aka Smith, who, after consuming intoxicating beverages at Pat’s Cock tail Lounge, owned .and operated by Gonzales, was struck by a truck owned by defendant Davis and operated by defendant Risch. In No. 42664, Fosgate’s appeal from the order granting a summary judgment on her first cause of action against Risch and Davis, the major question is whether there were any triable issues of fact; in No. 41198, Fosgate’s appeal from the judgment on the pleadings and dismissal of her second cause of action against Gonzales, the major contention concerns the retroactive application of the 1978 amendments to Business and Professions Code section 25602 and Civil Code section 1714. For the reasons set forth below, we have concluded that the order and judgment must be reversed.

We turn first to the summary judgment (No. 42664). Fosgate’s first cause of action alleged that about 12:30 a.m. on January 1, 1974, she was a pedestrian crossing Meekland Avenue in a westerly direction when she was struck by a 1958 Chevrolet owned by Davis, and driven by Risch in a…