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Williams v. Kingston Inn Inc.6/27/1990
is, a forensic toxicologist, attested:
5. Assuming that Claire Williams drank no more than two drinks of brandy at the Kingston Inn between 6:00 p.m. to 6:30
p.m. on May 9, 1987, and had no alcohol prior to coming to the Kingston Inn that day, and assuming that each drink contained no more than 2 ounces of brandy at an alcohol concentration of 40% (80 Proof), and that Claire Williams returned to the Kingston Inn at approximately 8:30 p.m. on May 9, 1987, and that she then consumed a quantity of alcoholic beverages necessary to bring her blood alcohol concentration to 0.32%, I have calculated that Claire Williams would have had to ingest 15 ounces of 80 proof brandy between 8:30 p.m. and the time of her death. The Washington State Liquor Control Board disseminates widely, including to its licensees and their employees, information regarding the number of ounces of alcohol necessary to cause a person's blood alcohol concentration to exceed the legally established limit of 0.10%. This information also includes details concerning the length of time which is required by the body to metabolize alcohol relative to the person's lean body weight. Any person familiar with this information, including a bartender or bar server, would be aware that the ingestion of 15 ounces of 80 proof brandy during a period of no more than three hours, would cause a person of Claire Williams' height and weight to have a blood alcohol concentration substantially in excess of the legal limit and one which, according to literature distributed by the Washington State Liquor Control Board, would result in "severe impairment" for purposes of operating a motor vehicle.
The owner of Papa Joe's, the only other establishment in Kingston serving hard liquor, stated that Mrs. Williams was not a customer in her bar that evening.
Under the common law of this state, a commercial purveyor of alcoholic beverages owes a duty not to furnish intoxicating liquor to a person who is obviously intoxicated. Christen v. Lee, 113 Wash. 2d 479, 488, 780 P.2d 1307 (1989); Purchase v. Meyer, 108 Wash. 2d 220, 225, 737 P.2d 661 (1987). The trial court, finding no genuine issue of material fact, held as a matter of law the Kingston Inn had not breached its common law duty. Mr. Williams contends the court erred. He believes the evidence creates issues as to when Mrs. Williams left the Kingston Inn and the amount of alcohol the Kingston Inn served her.
"' hether a person is "obviously intoxicated" or not is to be judged by that person's appearance at the time
the intoxicating liquor is furnished to the person.'" Christen, at 488 (quoting Purchase, at 223). "Accordingly, neither the results of a blood alcohol test nor the appearance of a person a substantial time after the intoxicating liquor was served constitutes sufficient evidence of obvious intoxication." (Footnotes omitted.) Christen, at 488-89; Purchase. The reason behind this rule is that the provider of alcohol ordinarily has no way of knowing how much a person has consumed before entering its establishment. A heavy drinker may be able to consume a great deal of alcohol without appearing intoxicated, and there are medically recognized variables in the way alcohol may react in the body. Christen, at 489; Purchase, at 225-26.
Mr. Williams relies upon Dickinson v. Edwards, 105 Wash. 2d 457, 716 P.2d 814 (1986). Ersel Edwards, a Kaiser Aluminum & Chemical Corporation employee, attended an employer sponsored banquet at the Red Lion Inn. Within 5 minutes of leaving the banquet he negligent
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