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Keywords

plaintiffnegligencetrial
negligenceliabilityappealtrialsummary judgment

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El Chico Corp. v. Poole, 732 S.W.2d 306

Facts

In El Chico v. Poole, Rene Saenz, an admitted alcoholic, consumed alcohol at El Chico before colliding with Larry Poole's car, resulting in Poole's death. Saenz's intoxication was evident to the investigating officer shortly after the accident. In Joleemo v. Evans, Henry Scott Smith, after consuming alcohol at Bandy's, collided with Patrick Evans's motorcycle, leading to Evans's death. Both cases involved allegations that the establishments served alcohol to patrons who were already intoxicated.

The El Chico summary judgment evidence established the following facts: On Friday, January 21, 1984, Rene Saenz, an admitted alcoholic, left work and proceeded with a friend to the El Chico restaurant in Northwest Mall in Houston.

Issue

Whether an alcoholic beverage licensee can be held liable for serving alcohol to an intoxicated patron who subsequently causes injury or death to a third party.

Whether a person injured by an intoxicated driver may recover from the alcoholic beverage licensee who allegedly sold intoxicants to that intoxicated driver in violation of the Texas Alcoholic Beverage Code.

Rule

An alcoholic beverage licensee owes a duty to the general public not to serve alcoholic beverages to a person when the licensee knows or should know that the patron is intoxicated, and a violation of that duty constitutes negligence as a matter of law.

An alcoholic beverage licensee owes a duty to the general public not to serve alcoholic beverages to a person when the licensee knows or should know that the patron is intoxicated, and a licensee who violates that duty is negligent as a matter of law.

Analysis

The court analyzed the facts of both cases, determining that the evidence presented raised material issues regarding the licensees' knowledge of their patrons' intoxication. The court emphasized that the duty to refrain from serving alcohol arises when a licensee knows or should know that a patron is intoxicated, and that the determination of whether this duty was breached and whether it proximately caused the injuries is a question for the jury.

The determination of proximate cause and intervening cause in cases involving a licensee's liability for knowingly serving alcohol to an intoxicated patron rests with the jury, as in any other action grounded in negligence.

Conclusion

The court affirmed the appellate court's decisions, allowing both cases to proceed to trial, as there were sufficient factual disputes regarding the licensees' potential negligence.

Accordingly, the court of appeals' judgment in El Chico v. Poole is affirmed, and the cause is remanded to the trial court. The court of appeals' judgment in Joleemo v. Evans is affirmed, and the cause is remanded to the trial court.

Who won?

The plaintiffs, Mr. and Mrs. Poole and Mr. and Mrs. Evans, prevailed as the court allowed their cases to proceed to trial, finding that there were material issues of fact regarding the licensees' negligence.

The courts of appeals in Joleemo and in El Chico reversed the respective trial courts' judgments.

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