McElroy v. Cody

Blackburn, Judge.

The plaintiffs-appellants commenced this action against the appellee, James Cody, seeking damages for personal injuries and the wrongful death of their father, who was struck and killed by a motor vehicle driven by an individual who had been furnished alcoholic beverage while a guest at Cody’s house. The trial court granted summary judgment for Cody, and this appeal followed.

On November 2, 1989, Cody entertained a few friends at his house from mid-afternoon until shortly before midnight. During that seven or eight-hour period, Cody and his guests cooked and ate, played cards,…