Hon. Jo-Lynne Lee (Ret.)
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personal injury

  • Action arising out of an automobile accident in which plaintiff suffered personal injuries and decedent was killed. It was undisputed that the automobile accident occurred when defendant driver, who was 20 years old at the time, was driving while intoxicated. Plaintiffs allege that defendant became intoxicated from consuming alcohol at a party held by his employer. Additional defendants, employees at the time, organized the party, sent out invitations on Facebook and other social media, and obtained permission from a relative to use her property to hold the party. It was undisputed that the driver did not pay any money to attend the event although money was collected from some guests at the party to cover expenses. It was also undisputed that he got the alcohol from a cooler available to all guests. Finally, it was undisputed that persons attending the party were aware that the driver got drunk at the party, but he was not driving the vehicle when he left the party. Apparently, he was driven part way home and then took over the wheel, which is when the accident occurred. The case raised many significant and challenging issues respecting the scope of Civil Code section 1714(c) immunizing social hosts from liability for furnishing alcohol to minors and exceptions to the statute created under Business & Professions Code section 25602.

Hon. Jo-Lynne Lee (Ret.)

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