Hall

Respondent insurance company issued a liability policy to James J. Kerr, Fiesta Room, Inc. and Jim Kerr’s Restaurant & Lounge (hereinafter called “Kerr”) effective October 30, 1970.

The next evening appellant Hall was injured while riding in an *571 automobile driven by Darlene Alcarez, a waitress employed at Kerr’s cocktail lounge. Hall brought an action to recover for his personal injuries against Kerr, Alcarez and others. He alleged that Alcarez was intoxicated, and that she was acting within the course and scope of her employment, it being contended that as a regular practice or custom Kerr asks off-duty waitresses to take customers home and that this happened on the night of the accident. He also alleged that Kerr knew or should have known that Alcarez was becoming intoxicated and nevertheless continued to serve alcoholic beverages to her. Appellant did not urge, in the personal injury litigation, that Kerr had any interest of any sort in the Alcarez vehicle. He did contend that Kerr was liable under the authority of Vesely v. Sager (1971) 5 Cal.3d 153 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ], which held that a vendor furnishing alcoholic beverages to an intoxicated…