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Willbanks v. Sugarloaf Cafe Inc. d/b/a Buffalo's Cafe

A jury issue remained as to whether the defendant knew that a drunk driver would soon drive while visibly intoxicated after consuming several glasses of wine at defendant's cafe.

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Rebecca Willbanks, individually and as parent as well as next friend of Amanda Paige Lawrence, formerly a minor, and Amanda Paige Lawrence appeal from the grant of summary judgment for Sugarloaf Cafe, Inc. d/b/a Buffalo’s Cafe under the Georgia “Dram Shop” Act. Finding the existence of material issues of fact for jury determination, we reverse. On April 11, 2000, Jennifer Leigh Phillips, while visibly intoxicated after being served with alcohol at Buffalo’s Cafe, had a collision with the car occupied by Willbanks and Lawrence. The evidence gives rise to the inference that, while in a visibly intoxicated state, Phillips was served alcohol at Buffalo’s Cafe and that she was driving while intoxicated at the time of the collision. Phillips was convicted of drunk driving in causing the serious injuries.

Willbanks and Lawrence sued Phillips and Buffalo’s Cafe for negligence under the Dram Shop Act.1 Buffalo’s Cafe moved for summary judgment, which was granted. On appeal, this grant of summary judgment is reviewed de novo to determine whether any evidence or reasonable inference creates a material issue of fact for jury determination. “Summary judgment is appropriate when the court, viewing all the facts and evidence and reasonable inferences from those facts in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case.”2 In this case, we find that the circumstantial evidence and the reasonable inferences raise material issues of fact for jury determination under both elements of OCGA § 51-1-40.

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