Willbanks v. SUGARLOAF CAFE, INC.

The motion for reconsideration filed by Sugarloaf Café, Inc. d/b/a Buffalo’s Café (“Buffalo’s”) compels me to revisit the facts of this case. I respectfully dissent from the majority’s determination that a jury issue remains on whether Buffalo’s knew that, when Phillips left the bar, she would soon drive a motor vehicle.

OCGA § 51-1-40 (b) provides that

a person . . . who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused…