Legal Opinion
Tobias v. Sports Club, Inc.
Supreme Court of South Carolina
Decided August 17, 1998No. 24830PublishedCited by 12 opinions
1Opinion of the Court
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
FINNEY, Chief Justice:
We granted certiorari to consider the Court of Appeals’ decision holding that the defenses of contributory negligence and assumption of the risk were available in a negligence suit 1 brought by the intoxicated adult patron against the tavern owner who served him. Tobias v. The Sports Club, Inc., 323 S.C. 345, 474 S.E.2d 450 (Ct.App.1996). 2 We now join the majority of jurisdictions that have addressed this issue, and hold that South Carolina does not recognize a “first party” cause of action against the tavern owner by an…
2Cases cited12 opinions
- Ohio Casualty Insurance Co. v. ToddSupreme Court of Oklahoma · 1991
- Wright v. MoffittSupreme Court of Delaware · 1981
- Bertelmann v. Taas AssociatesHawaii Supreme Court · 1987
- Estate of Kelly v. FalinWashington Supreme Court · 1995
- Trujillo Ex Rel. Estate of Trujillo v. TrujilloNew Mexico Court of Appeals · 1986
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3Cited by12 opinions
- Bridges v. Park Place EntertainmentMississippi Supreme Court · 2003
- Marcum v. BowdenSupreme Court of South Carolina · 2007
- Lydia v. HortonSupreme Court of South Carolina · 2003
- Donze v. General Motors, LLCSupreme Court of South Carolina · 2017
- Lydia v. HortonCourt of Appeals of South Carolina · 2000
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