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Baxley v. Hakiel Indus. Inc.

The evidence showed that the defendants' patrons sometimes arrived or departed on foot or by taxi and the establishments' employees testified that they had no information suggesting that the driver, who was later involved in a DUI accident with the plaintiff, was going to drive away from either place.

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After consuming a number of alcoholic beverages at two different bars, Mary Karafiat drove into Marcus Baxley, causing him serious brain damage and other injuries. Baxley then brought a negligence suit against Karafiat and the two alcohol providers. The trial court granted summary judgment to the providers on the ground that they had no actual or implied knowledge that Karafiat would soon drive. Baxley appeals, and we affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.1

So viewed, the record shows that at around 4:30 p.m. on October 10, 2003, Mary Karafiat arrived at a bar and restaurant known as Brewsters, located in a strip mall, and accessible by foot or by car. Karafiat, who was a regular customer, arrived alone and sat at the bar, ordered between one and three alcoholic beverages, and ate some food. Her two sons and a friend joined her for a time, but left before she paid her bill. Brewsters had at least three surveillance cameras in operation on this evening, but none of these surveyed the area where Karafiat sat.

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