Burke v. Superior Court

Opinion

BROWN (Gerald), P. J .

Petitioner, Doris Burke, defendant in an automobile personal injury action, seeks a writ of mandate to compel the trial court to sustain a demurrer to real parties’ complaint. The issue is whether a licensed liquor seller such as petitioner, who sells liquor to a sober person under 21 years of age, may be liable to injured third parties when the buyer becomes intoxicated and injures them by his drunk driving. We conclude the newly enacted statutes limiting li*572ability for the furnishing of alcoholic beverages do not exempt persons in petitioner’s position from…