San Francisco Team Obtains Summary Judgment in Multi-Million Dollar Brain Injury Case
Gordon & Rees prevailed on a motion for summary judgment in a multi-million dollar brain injury case handled by Jewel Kolling Basse, Brett Moroney and Rebecca Wardell. The motion was filed on behalf of a well-known San Francisco hotel and night club.
Plaintiff, a minor, and two of her friends went to the night club on the night in question and consumed numerous alcoholic beverages. At the end of the evening, plaintiff attempted to drive her friends home but became involved in a high velocity, catastrophic, multiple vehicle accident on Highway 101. The collision killed one of plaintiff's passengers, critically injured the other passenger and left plaintiff brain damaged. Plaintiff filed a complaint alleging that defendants were liable pursuant to California Business & Professions Code section 25602.1, which permits such claims where a defendant serves alcohol to an obviously intoxicated minor.
Gordon & Rees moved for summary judgment arguing there was no evidence that defendants directly served or sold alcohol to plaintiff. There was evidence showing only that defendants sold alcohol to one of plaintiff's friends, who purchased drinks and later brought them to plaintiff and her friend, who were sitting at a nearby table. As such, Business & Professions Code section 25602.1 was inapplicable. After hearing oral argument, the Court agreed and held that defendants were entitled to judgment, as a matter of law.
Brett T. Moroney