This case involves provisions of the Georgia Dram Shop Act GDSA OCGA § 51-1-40 which provide that, when a person sells alcoholic beverages to a noticeably intoxicated buyer, who the seller knows will soon be driving a motor vehicle, the seller may be liable for resulting injury or damage when the buyer drives while intoxicated from consumption of those alcoholic beverages. At issue is whether these provisions of the GDSA apply to sales by a convenience store of alcoholic beverages in a closed or packaged container not intended for consumption on the store premises. Because we conclude that the GDSA does not apply to those sales, we affirm the trial court’s grant of summary judgment dismissing a claim brought under the GDSA based on the sale of alcoholic beverages by a convenience store owned or operated by Exprezit Stores 98-Georgia, LLC and three related defendants.1 The GDSA claim against Exprezit arose out of a motor vehicle collision which occurred when Billy Joe Grundell, age 24, allegedly lost control of the motor vehicle he was driving, crossed the center line of the road, and caused a head-on collision with a van traveling in the opposite direction. A post-collision analysis of Grundell’s blood showed that he was driving with a blood alcohol concentration of 0.181 grams per 100 milliliters, an amount in excess of the legal limit. Six people died in the collision, Grundell and his passenger along with the driver and three passengers in the van, and three additional passengers in the van were seriously injured including Nancy Flores, the minor child of Elias Flores and Maria Flores Vazquez. The Floreses brought suit individually and on behalf of their child alleging under the GDSA that Exprezit was liable for injury and damages they suffered arising from the collision because, about four hours prior to the collision, an Exprezit convenience store employee sold packaged beer to Grundell when he was noticeably intoxicated, knowing that he would soon be driving a motor vehicle. The only Exprezit employee working at the store during the relevant time period denied selling beer or any alcoholic beverages to Grundell. The Floreses, however, produced direct and circumstantial evidence to the contrary from witnesses who testified that, about four hours prior to the collision, they saw Grundell and his passenger drive to the Exprezit store; that Grundell was noticeably intoxicated at the time; that Grundell went in the store, left carrying a 12-pack of beer, and drove away; and that Grundell and his passenger consumed the beer after they left the store and prior to the collision. Presuming this evidence was sufficient to raise factual issues under the GDSA, and construing the facts in favor of the Floreses, we nevertheless conclude that the trial court correctly granted summary judgment in favor of Exprezit because the GDSA did not apply to Exprezit’s alleged sale of the packaged beer to Grundell.
The GDSA OCGA § 51-1-40 provides in relevant part that: a The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection b of this Code section. b A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. As the statute makes clear, the GDSA applies in the context of injury or damage resulting from the operation of a motor vehicle by a driver who is under the influence of alcohol, and imposes liability on a limited class of alcohol suppliers who sell, furnish, or serve alcohol to a noticeably intoxicated consumer with reason to know that the consumer will be driving a motor vehicle shortly after consuming the supplied alcohol. Delta Airlines, Inc. v. Townsend , 279 Ga. 511, 513 614 SE2d 745 2005. The Supreme Court explained in Delta Airlines that the basis for imposing liability under these circumstances is that,
