Studebaker's of Savannah, Inc. v. Tibbs

I cannot agree with Division 3 of the majority opinion. I find absolutely no evidence whatsoever to authorize a finding that appellant-defendant Carter was noticeably intoxicated when she was served the' last drink at appellant-defendant Studebaker’s establishment. The only evidence of her intoxication relates to points in time which were after she had been served the last drink, and there is considerable doubt whether that evidence would be sufficient to show her noticeable intoxication even at those later times. Noticeable intoxication is obviously manifested by a person’s outward…