Burke v. Superior Court

I must respectfully dissent.

Under current law, plaintiffs cannot establish proximate cause which is necessary to create liability (see, generally, 4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 488, p. 2749, § 622, p. 2904), even where it is claimed the presumption of negligence exists (Evid. Code, § 669, subd. (a), par. (2)).

It is the law of this state now that the consumption of alcoholic beverages rather than the furnishing of alcoholic beverages is “the proximate cause of injuries inflicted upon another by an intoxicated person” (Bus. & Prof. Code, § 25602, subd. (c); Civ. Code, §…