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Estate of Ballard v. Hazel's Blue Sky11/14/2002
Plaintiff suing as parent and personal representative of decedent appeals from adverse summary judgment in action seeking wrongful-death and loss-of-consortium damages from a liquor licensee. AFFIRMED.
Colleen Dorrian, as parent and personal representative of decedent Ryan Ballard, appeals from an adverse summary judgment in an action seeking wrongful-death and loss-of-consortium damages from a liquor licensee doing business as Hazel's Blue Sky Diner (Hazel's). Ballard was killed when, after having been served alcoholic beverages at Hazel's, he drove the truck he was operating into a utility pole. As his personal representative, Dorrian asserts on appeal that Ballard had a common-law claim that survives his death based on Hazel's sale of an alcoholic beverage to an underage consumer. As a parent she asserts that she has a loss-of-consortium claim against Hazel's under Iowa Rule of Civil Procedure 1.206 (formerly Iowa Rule of Civil Procedure 8). We disagree with both contentions and affirm the district court.
Prior to May 7, 1998, Dorrian, who was Ballard's mother, became aware that Hazel's was regularly serving him alcoholic beverages, often to the point of intoxication. As a result of this knowledge, she demanded of Hazel Jones that this practice cease. On May 7, 1998, Ballard, then nineteen years of age, went to Hazel's after getting off work. He was served and consumed a sufficient number of alcoholic drinks to become intoxicated. He left the premises and got into his truck to drive home. While driving home he lost control of the truck, went off the roadway, and collided with a utility pole. He died from massive head injuries sustained in the collision.
Hazel's filed a motion for summary judgment, contending that Iowa law does not provide a cause of action for wrongful death under the facts presented in the present controversy. It also asserted that Dorrian was not entitled to a loss-of-consortium claim under rule 1.206. The district court granted the motion and dismissed the action as to both of the named defendants.
I. Scope of Review.
The scope of review on an appeal from the granting of summary judgment is for correction of errors at law. Garofalo v. Lambda Chi Alpha Fraternity, 616 N.W.2d 647, 650 (Iowa 2000); Sankey v. Richenberger, 456 N.W.2d 206, 207 (Iowa 1990). Summary judgment is only proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 1.981(3). The court views the undisputed facts in the light most favorable to the resisting party. Garofalo, 616 N.W.2d at 649; Hildenbrand v. Cox, 369 N.W.2d 411, 413 (Iowa 1985).
II. Whether Ballard had a Common Law Cause of Action Against Hazel's Which Survived His Death.
Plaintiff urges that the district court erred in concluding that Iowa Code section 123.92, which is part of this state's dramshop legislation, preempts common-law claims against a liquor licensee that has sold and served alcoholic beverages to a person not of the legal age to purchase same. That claim is directly contrary to this court's holding in Nutting v. Zieser, 482 N.W.2d 424 (Iowa 1992).
The Nutting case also involved the sale to and consumption by a nineteen-year-old consumer on the premises of a liquor licensee. Like the decedent in the present case, the underage consumer of alcohol in Nutting caused serious injuries to himself. Based on our prior decisions in Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807 (Iowa 1987), and Connolly v. Conlan, 371 N.W.2d 832 (Iowa 1985), we held that Iowa Code section 123.92 preempted the field of liquor licensee liability. Nutting, 482 N.W.2d at 425.
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