Padua v Daly and Trixie's Tavern

Trixie operates a tavern in Columbus, Georgia. After a bad day at work, Jack Daly stopped at Trixie's Tavern for a few drinks, as he did several times a week.

In less than an hour, Jack consumed three Whiskey Sours. Trixie, the bartender, continued to serve him drinks even after he began stumbling around, slurred his speech, and got unusually and unreasonably angry at the people near him. Finally, Jack pulled his car keys out of his pocket, pushed his glass across the bar to Trixie, and said "One more for the road." Trixie served him, and Jack finished the drink, then stood up, grabbed his car keys, and headed out the door.

Jack got into his car and began his drive home. About six blocks from Trixie's Tavern, Jack hit Raul Padua, a pedestrian, who was crossing the street in a crosswalk. In addition to scrapes and bruises, Padua suffered a concussion and a number of fractures, including a compound fracture of his femur. He was rushed to the hospital for emergency surgery to stabilize his fracture and repair the damage to the adjacent muscles, nerves, and arteries. Padua remained in the hospital for three days for additional surgery. After months of physical therapy, Padua is able to walk, but doctors say he will always have a limp.

Raul Padua has sued Jack Daly and Trixie's Tavern for his injuries. He bases the lawsuit against the tavern on O.C.G.A. 51-1-40 (2010): Liability for acts of intoxicated persons. [Many states have similar statutes, which are commonly called Dram Shop Acts and/or Social Host Liability Acts.]This Georgia statute provides

(a) The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.

(b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.

Instructions: Using the FIRAC model, analyze Padua's claims against both Jack Daly and Trixie's Tavern.

Additional Resources

In addition to the Georgia statute governing Liability for Acts of Intoxicated Persons, you might find these additional links helpful:

• Georgia Dram Shop and Social Host Liability Law. This post by the Scholle Law Firm looks at the Georgia law, the standard of proof required for dram shop cases, proximate cause, damages, and possible defenses. It also looks at a couple of sample scenarios to illustrate the application of the statute.
• Pedestrian Injuries. This article by the Hadden Law Firm looks at liability for pedestrian injuries, including those injured in crosswalks. The article also examinesO.C.G.A. 4-6-91, which governs the right-of-way in