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Birnbrey6/12/2000
Noah Yirga, the guardian of Elleni Tombassa, sued Birnbrey, Minsk & Minsk, L.L.C. (Birnbrey), Garland W. Campbell, and the Mansion Restaurant, Inc. (Mansion) in an effort to recover damages allegedly relating to an automobile collision. After Birnbrey's motion for summary judgment was denied, this Court granted Birnbrey's application for interlocutory appeal. Birnbrey claims it had no liability for the incident. We agree and reverse.
In reviewing the grant or denial of summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment. Goring v. Martinez, 224 Ga. App. 137, 138 (2) (479 SE2d 432) (1996). When so viewed, the evidence showed that Birnbrey held its annual holiday luncheon for employees and guests of the firm on December 15, 1995, at the Mansion. Although Birnbrey closed early for the luncheon, attendance was optional. Campbell, a CPA with the firm, arrived at the Mansion at about 12:45 p.m. and left at about 2:30 p.m., driving his own vehicle. During the luncheon, Campbell consumed two to four glasses of wine. Afterwards, Campbell drove to a friend's apartment where he remained for about three hours. Campbell and his friend, Tom McAnnally, talked and walked in nearby Piedmont Park. At approximately 5:45 p.m., Campbell left McAnnally's home intending to visit another friend, who lived across town. While on route, at 6:13 p.m., the collision at issue occurred.
The other driver, Tombassa, sustained a traumatic brain injury. Some evidence suggested that Tombassa may have experienced a seizure immediately before the collision. According to Campbell, " t looked like she was sliding or something," as her vehicle went across several lanes of traffic. Campbell testified, " y recollection is of her car coming at me from the left and me stomping on the brakes trying to avoid hitting her." According to Campbell, he did "everything humanly possible to avoid hitting her," ncluding "almost killing myself." He felt that he did not cause the accident and testified that he was " ot in the least bit" impaired at the time of the collision. Campbell sustained a head injury when his head smashed the windshield. He testified that he did not consume any alcoholic beverages after leaving the Mansion. Campbell was cited for DUI and leaving the scene of an accident. Campbell declined field testing and subsequently on advice of counsel entered a guilty plea to DUI.
The complaint alleged that Campbell was operating his vehicle under the influence of alcoholic beverages that had been furnished to him by Birnbrey within the scope of his employment. The complaint further alleged that the Mansion continued to serve alcoholic beverages to Campbell when its agents knew or should have known he posed a danger to others.
Birnbrey sought summary judgment, arguing that it could be held liable only if there was evidence showing that the firm served alcohol to Campbell while he was noticeably intoxicated. See OCGA § 51-1-40 (b). The motion was denied but the matter was certified for immediate review.
1. Birnbrey asserts that the trial court erred by failing to grant its motion for summary judgment because the social host liability statute (OCGA § 51-1-40) foreclosed a finding of liability on its part.
As a general rule,
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;
OCGA § 51-1-40 (b). But the social host liability st
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