Williams v. Saga Enterprises, Inc.

Plaintiff Scott Williams (plaintiff), appeals from a summary judgment granted in a personal injury action against respondent, a restaurant serving alcohol. We determine here that a triable issue of material fact exists as to whether the restaurant owed a duty to plaintiff based on a claimed undertaking by one of its employees to withhold a patron’s car keys if the patron was not fit to drive his vehicle after he left the restaurant. Plaintiff alleged that he suffered injuries in an automobile accident with the patron shortly after the patron obtained his car keys and drove away in an intoxicated condition from the restaurant. Because plaintiff has raised a triable issue of material fact in his opposition to the motion for summary judgment, that judgment must be reversed.

Procedural and Factual Background

On May 18, 1986, plaintiff was travelling on the Ventura Freeway in the County of Los Angeles when the vehicle in which he was riding was involved in an accident with another vehicle and he was injured. On May 6, 1987, plaintiff filed an action for personal injuries stemming from the accident. The suit was filed by and through plaintiff’s father acting as a guardian ad…