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Flores v. Exprezit Stores 98-Georgia LLC

Georgia's Dram Shop Act applies to the sale to noticeably intoxicated adults of closed or packaged alcoholic beverages not intended for consumption on the premises.

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We granted a writ of certiorari to the Court of Appeals in Flores v. Exprezit Stores 98-Georgia , 304 Ga. App. 333 696 SE2d 125 2010, to determine whether Georgia’s dram shop act, OCGA § 51-1-40,1 applies when a convenience store sells closed or packaged containers of alcohol not intended for consumption on the premises to a noticeably intoxicated adult. We hold that it does and reverse the judgment of the Court of Appeals. This case stems from a motor vehicle collision in which six people were killed and several were injured.2 Approximately four hours before the collision, the driver of one of the vehicles, Billy Joe Grundell, drove with a passenger to a convenience store. Grundell was noticeably intoxicated when he entered the store and purchased a 12-pack of beer. Grundell and his passenger drove off and consumed the beer. Later, Grundell crossed the centerline of a highway and ran head-on into a van going the opposite way. At that time, Grundell’s blood alcohol concentration was 0.181 grams per 100 milliliters, twice the legal limit.

The injured passengers brought suit under the dram shop act against the convenience store, which was owned or operated by Exprezit Stores 98-Georgia, LLC. The trial court awarded summary judgment to Exprezit and the Court of Appeals affirmed, holding that the dram shop act does not apply under any circumstances to the sale of closed or packaged alcoholic beverages not intended for consumption on the premises.

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