Ruiz
Ruiz v. Safeway, Inc.
Opinion
Lead Opinion
Jones, J.
*1457 Opinion
Appellants Michael and Lydia Ruiz filed a complaint against Safeway, Inc. (Safeway), under Business and Professions Code section 25602.1, 1 seeking damages for their son’s death in a car accident. Safeway filed a motion for summary judgment arguing it was entitled to prevail, as a matter of law, because it did not furnish or cause to be furnished alcohol to the minor who caused the accident within the meaning of the statute. The trial court agreed and granted summary judgment to Safeway. Appellants now appeal contending the trial court interpreted section 25602.1 incorrectly. We disagree and will affirm.
I. Factual and Procedural Background
On February 14, 2009, appellants’ son Alexander was killed when his car was struck by a vehicle driven by an 18-year-old alleged drunk driver named Dylan Morse. Appellants sought to hold Safeway responsible for their son’s death because shortly before the accident, a checker at one of Safeway’s stores sold a 12-pack of beer to Morse’s passenger at the time of the accident, Ryne Spitzer. The essential facts are as follows.
Spitzer was a student at Sonoma State University in Rohnert Park. Spitzer and Morse apparently were…