Alvas

Rogers v. Alvas

Good Law
160 Cal. App. 3d 997·1984 Cal. App. LEXIS 2607·207 Cal. Rptr. 60
Court of Appeal of CaliforniaOctober 12, 1984A014519California3,147 words

Opinion

Opinion

Haning, J.

Plaintiffs appeal from a summary judgment for defendants in a personal injury action alleging defendants’ liability as retail liquor deal ers in furnishing alcoholic beverages to a sober minor, who subsequently operated a motor vehicle while intoxicated and caused plaintiffs’ injuries.

For purposes of these proceedings defendants have not disputed plaintiffs’ factual allegations, and the matter has been presented as involving only the single legal issue of statutory immunity.

We conclude that licensed alcoholic beverage dealers who provide alcoholic beverages to sober minors are statutorily immune from claims by third parties injured as a result of the intoxication of those minors and uphold the judgment.

Sometime during the evening hours of January 12, 1979, defendants sold Timothy D., a then sober minor, a half gallon bottle of whiskey. Timothy then met with three other minor friends, and they all commenced drinking the whiskey. At some point past midnight Timothy obtained the keys to one of his companions’ automobiles. In an intoxicated condition, Timothy drove the vehicle through the plaintiffs’ house and struck plaintiff Norene Rogers, causing the injuries for…

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