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Erickson v. Hodges

The trial court prematurely denied defendants' motion for summary judgment in a dram shop case where discovery had not closed at the time of the trial court's ruling.

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Paul and Brenda Erickson appeal the denial of their motion for summary judgment in this personal injury action premised on the Dram Shop Act, OCGA § 51-1-40. They contend that they are entitled to judgment as a matter of law because there is no evidence that they knowingly furnished alcoholic beverages to Brian Hammock while he was in a state of noticeable intoxication, and there was no evidence that they knew Hammock would soon be driving a car at any relevant time. The Ericksons argue that there is no genuine issue of material fact as to these matters and the trial court erred in denying their motion for summary judgment. For the reasons set forth below, we vacate the trial court’s ruling and remand the matter for further action.

“Summary judgment is appropriate when the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case.” Lau’s Corp. v. Haskins.1 Viewed in this light, the record shows that, on the evening of January 23, 1999, the Ericksons held a birthday party for Mrs. Erickson at their home with an unattended open self-service bar located in the basement. Paul Erickson invited guests by mail and telephone, and about 50 to 60 guests were at the party.

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