Schaffield

Plaintiff Sharon A. Schaffield appeals from a verdict in favor of defendant Pierre G. Abboud, doing business as AM/PM Mini Market, on Schaffield’s action against Abboud for negligently selling an alcoholic beverage to an obviously intoxicated minor. Schaffield contends the court erred in (1) improperly instructing the jury on the definition of obvious intoxication, (2) granting Abboud’s motion in limine to exclude Schaffield’s proffered evidence of Abboud’s habit and custom to serve alcohol to minors without checking for identification, and (3) using the term “proximate cause” instead of the term “legal cause” in BAJI No. 4.50.

Factual and Procedural Background

On August 5, 1988, at approximately 6:30 p.m., Timothy Smallwood, a minor, purchased some champagne from Abboud’s minimarket in La Jolla. Smallwood and three friends, Kenneth Blunt, Kathryn Tribolet and Donnay Siegel, went to Wind and Sea Beach. While at the beach, Smallwood testified that, between 6:45 and 7:30 p.m., he drank 30 to 35 percent of one and three-quarters bottles of champagne; approximately 60 percent of one bottle. Contrary to Smallwood’s testimony, Kenneth Blunt and Kathryn Tribolet, who were with…