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): Liabilityfor acts of intoxicatedpersons [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, inicted 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 nun "Ln'l'l \"rd +LnunLn Luann-u. ltnkln f... :.-..'.1.... .Jnru'L. n... .-'| nnnnnnnnnnn A I...\" n... unnnlnu fun...- +1.\