Jones

In part I, we discuss the definition of the “obviously intoxicated minor” for purposes of a liquor licensee’s civil tort liability as compared to a driver’s responsibility when “driving under the influence” of alcohol.

Plaintiff John Robertson Jones, age 18, and 2 of his friends, David Purser, age 20, and Andy Dowdle, age 19, left Napa around 7:30 p.m. for Lake Tahoe in Dowdle’s Toyota SR-5, a 4-wheel-drive pickup truck. Over a period of three to four hours, each consumed six cans of beer and one bottle of beer from a bar before reaching O.B.’s Board (O.B.), a restaurant in Truckee, at approximately 10 p.m.

The three stayed in O.B. for about 20 minutes, sitting by themselves at a table in the bar portion of the restaurant. They did not converse with any of O.B.’s employees other than to order their drinks from the bartender. Purser ordered and drank a mixed whisky drink; Jones and Dowdle each drank a beer. After leaving O.B., the three went to another bar, leaving that bar at 11 p.m. Purser had another mixed whisky drink. The three then continued their trip with Purser driving and Dowdle sitting in the passenger seat. Jones sat on an ice chest placed between the two…