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B-T Two Inc. v. Bennett

A company was not liable for negligently sponsoring a party with unlimited alcohol because, to the extent that plaintiff's assailants were intoxicated at the time of the assault and their intoxication contributed to the assault, their consumption of alcohol, not the service of alcohol to them, proximately caused plaintiff's injuries.

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Hunter Bennett sued B-T Two, Inc., which does business as Buffalo’s Cafe, to recover damages for injuries that he sustained at the hands of a Buffalo’s employee and another unidentified person, who together assaulted Bennett at a party. Bennett contends that Buffalo’s is liable under the doctrine of respondeat superior for the tort of its employee, and Bennett also claims that Buffalo’s is liable for its own negligence in sponsoring a party at which unlimited alcohol was served and inadequate security was provided. After the trial court denied Buffalo’s motion for summary judgment, Buffalo’s sought immediate review in this Court, which we allowed. Because we conclude that Buffalo’s is entitled to summary judgment on each of the claims that Bennett asserts against it, we reverse the judgment below. Summary judgment is warranted when the pleadings and record evidence establish that the material facts are undisputed and these facts entitle the moving party to judgment as a matter of law. See OCGA § 9-11-56 c; see also Marcum v. Gardner , 283 Ga. App. 453, 454 641 SE2d 678 2007; Smith v. Atlantic Mut. , 283 Ga. App. 349, 350 641 SE2d 586 2007. We review the denial of a motion for summary judgment de novo. And on appeal, we assess the record evidence in the same way as the trial court, viewing it in the light most favorable to the nonmoving party. See McCaskill v. Carillo , 263 Ga. App. 890 589 SE2d 582 2003.

So viewed, the evidence shows that, on the evening of September 30, 2006, several individuals hosted a party at a private residence in Laurens County. The hosts intended to raise money at the party for a Buffalo’s manager, who was moving away to attend to the medical needs of his sick child. Several Buffalo’s employees attended the party, and some of these employees wore Buffalo’s uniforms. Fliers advertising the party were posted at a Buffalo’s restaurant in Laurens County, which read:

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