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Sugarloaf Cafe, Inc. v. Willbanks

Circumstantial evidence that an alcoholic beverage server does business in a "remote" location and that most customers drive to the server's place of business is not sufficient to show that the server knew a customer would soon be driving.

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We granted certiorari to the Court of Appeals in Willbanks v. Sugarloaf Cafe , 266 Ga. App. 426 597 SE2d 410 2004, and posed this question: Did the Court of Appeals err in determining that the evidence supported the reasonable inference that the server knew that Phillips would be driving shortly after being served alcohol The answer is “yes.” Therefore, we reverse. This case arose out of an automobile collision between a vehicle driven by Jennifer Phillips and another vehicle occupied by Rebecca Willbanks and Amanda Lawrence. Willbanks and Lawrence suffered serious injuries as a result of the collision and they brought suit against Phillips and Buffalo’s Cafe, seeking damages against Buffalo’s Cafe under the Dram Shop Act OCGA § 51-1-40 b.1

On the day in question, Phillips left work and went to Buffalo’s with several co-workers. She was driven there by Heidi Sarnese, one of her co-workers, because she left her car at work. Phillips stayed at Buffalo’s for approximately five hours, during which time the bartender served her approximately ten glasses of wine. Phillips’ co-workers also drank alcoholic beverages during that period of time. When the group departed, another co-worker, Todd Dickens, drove Phillips back to work where she picked up her car and started out for home. On the way, Phillips crossed the centerline of the highway and hit the Willbanks and Lawrence vehicle.

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