Ontiveros v. Borak

FELDMAN, Justice.

Plaintiff brought this tort action for damages against the defendant, Peter Borak, Sr., d/b/a Max’s Terminal Buffet (Borak), and others. The action against Borak, the owner of a tavern, was based on the claim that Borak’s negligence in serving liquor to an intoxicated patron, Reuben Flores, had been a cause of a subsequent motor vehicle accident in which Flores had inflicted serious injuries on plaintiff. Flores was joined as a defendant.

Borak moved for summary judgment on the ground that under Arizona law a tavern owner was not liable for negligence in serving an underaged,…