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Williams v. Kingston Inn Inc.6/27/1990
Danny Williams, as guardian of the estates of his two minor sons and as personal representative of the estate of Claire Williams, his deceased wife, brought this wrongful death action against the Kingston Inn, Inc., and its owners. He alleged the Kingston Inn negligently served alcohol to Claire Williams when it knew or should have known she was intoxicated, and that negligence was the proximate cause of the automobile accident in which Mrs. Williams lost her life. Mr. Williams appeals the dismissal of his action on summary judgment. We affirm.
The following evidence is set forth in the affidavits and depositions considered by the trial court:
Lori Eronson and Serene Tooze went to the Kingston Inn at about 6 p.m. on May 9, 1987. Their friend, Claire Williams, arrived a short time later. Ms. Eronson remembers buying Mrs. Williams a drink. They were at the bar 15 to 20 minutes. The three women left between 6 and 6:30 to return to Ms. Tooze's house so that Ms. Eronson and Ms. Tooze could get ready to go out to dinner. According to Ms. Eronson, Mrs. Williams did not appear to have been drinking before they met at the Kingston Inn, nor did she have anything to drink at Ms. Tooze's house.
Ms. Eronson recalls that they were at Ms. Tooze's for about an hour and a half. They returned to the Kingston Inn about 8, just as it was getting dark. Ms. Eronson and Ms. Tooze left right away, but Mrs. Williams remained to talk with Paul Moran, who was sitting at the bar.
Kevin Williams was the bartender at the Kingston Inn that evening. He remembers that when he started his shift Mrs. Williams was seated at a table with Ms. Eronson. He made two coffee and brandy drinks for Mrs. Williams. She
left with her friends between 6 and 7. Sometime later, "about 8:00 or so", he saw Mrs. Williams with Paul Moran. Mr. Moran ordered a drink for her, but she said she wanted straight coffee. She never appeared intoxicated. He states it was still daylight when Mrs. Williams left.
Mr. Moran testified in his deposition that he thought Mrs. Williams returned to the Kingston Inn at approximately 7 p.m. When asked if it could have been 8:30, he responded: "I doubt it. I left there right after 9:00. It seemed like I talked to her for a couple of hours, but it just seemed like it." Although he offered to buy Mrs. Williams a drink, she did not want one. He noticed nothing about her that would make him think she had been drinking. Mr. Moran remembers leaving right after 9 to go across the street to another bar to listen to a band that started playing at that time. Mrs. Williams borrowed $5 from him for gas so that she could drive to visit her boyfriend in Suquamish. She left at the same time as Mr. Moran.
Michelle McDougall was in the bar at the Kingston Inn with her husband from 8:30 to 9:30 p.m. that evening. She remembers seeing Mr. Moran and Mrs. Williams there. It was dark outside at the time. Michael McDougall attested that when he drove their babysitter home at 11 p.m., he observed a yellow GMC station wagon ahead of him on Highway 104, heading west in the direction of Poulsbo. "The vehicle was all over the road." Mr. McDougall dropped back until the car turned left on Hansville Road. Mrs. Williams was driving the yellow GMC.
Shortly after Mr. McDougall lost sight of her, Mrs. Williams crossed the center line of Hansville Road and struck an oncoming vehicle head on. She was killed, as was the 66-year-old driver of the other car. The driver's 65-year-old wife, a passenger, was seriously injured. The police inventoried Mrs. Williams' car, but found no alcohol. A blood test showed her blood alcohol level was .32.
Raymond J. Dav
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