Brigance v. Velvet Dove Restaurant, Inc. case brief

Brigance v. Velvet Dove Restaurant, Inc. case brief summary
725 P.2d 300 (1986)

CASE SYNOPSIS

Appellants, a minor and his father, brought an action against appellees, restaurant and owner for negligence in serving alcoholic beverages to a noticeably intoxicated person, allegedly resulting in an automobile accident causing injuries to the minor. The District Court of Oklahoma County (Oklahoma) dismissed the complaint for failure to state a claim upon which relief could be granted, and the minor and his father appealed.

CASE FACTS
The trial court applied the common law rule of a tavern owner's nonliability for injuries due to the acts of a noticeably intoxicated patron.

DISCUSSION

• On appeal, the court reversed the trial court and eliminated the common law rule. 
• The court held that one who sold intoxicating beverages for on the premises consumption had a duty to exercise reasonable care not to sell liquor to a noticeably intoxicated person. 
• The court found the old rule to be an anachronism in current society. 
• The court also stated that a breach of duty constituted a public offense under Okla. Stat. tit. 37, § 537 (1985). 
• As to causation, the court held that it could not conclude as a matter of law that the restaurant's sale of the alcoholic beverage to the noticeably intoxicated patron could not have been the proximate cause of the alleged injuries. 
• A jury could have found that the restaurant could have reasonably foreseen and anticipated the possible consequences in selling alcoholic beverages to a noticeably intoxicated patron who intended to drive an automobile and that the sale may have been a proximate cause of the alleged injuries.

CONCLUSION
The court reversed the trial court's judgment and remanded for further proceedings.

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