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Birnbrey, Minsk & Minsk v. Yirga

Absent evidence that defendant's employee was noticeably intoxicated at its holiday luncheon, the defendant was not liable for the accident involving the employee several hours later.

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Noah Yirga, the guardian of Elleni Tombassa, sued Birnbrey, Minsk & Minsk, L.L.C. Birnbrey, Garland W. Campbell, and the Mansion Restaurant, Inc. Mansion in an effort to recover damages allegedly relating to an automobile collision. After Birnbrey’s motion for summary judgment was denied, this Court granted Birnbrey’s application for interlocutory appeal.1 Birnbrey claims it had no liability for the incident. We agree and reverse.

In reviewing the grant or denial of summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment. Goring v. Martinez, 224 Ga. App. 137, 138 2 479 SE2d 432 1996. When so viewed, the evidence showed that Birnbrey held its annual holiday luncheon for employees and guests of the firm on December 15, 1995, at the Mansion. Although Birnbrey closed early for the luncheon, attendance was optional. Campbell, a CPA with the firm, arrived at the Mansion at about 12:45 p.m. and left at about 2:30 p.m., driving his own vehicle. During the luncheon, Campbell consumed two to four glasses of wine. Afterwards, Campbell drove to a friend’s apartment where he remained for about three hours. Campbell and his friend, Tom McAnnally, talked and walked in nearby Piedmont Park. At approximately 5:45 p.m., Campbell left McAnnally’s home intending to visit another friend, who lived across town. While on route, at 6:13 p.m., the collision at issue occurred.

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